The Trump administration capped off a week of intense attention to border security with two major announcements on Friday, March 6.
Both orders came at the end of a week which included Trump’s order to send the National Guard to the Border and NAFTA being used as leverage to compel Mexico to do more about stopping migrants headed to the United States.
Sessions ordered federal prosecutor offices near the Southwest border to prioritize bringing cases against first-time offenders. Once border crossers are charged with illegal entry and deported, they can be charged with a felony, carrying significant jail time if they are caught crossing illegally again.
Trump ordered the Attorney General and the heads of the State, Defense, Homeland Security, and Health and Human Services departments to prepare a comprehensive report detailing all that is being done to end the “catch-and-release” policy. The report is due in 60 days and the officials have 15 days after that to recommend additional resources and authorities needed to end the practice.
“Catch-and-release” refers to an immigration policy created by George W. Bush which lets authorities release illegal aliens into the United States once they have claimed asylum and are assigned a court date.
Trump continued to focus on border security on Saturday. The president lambasted California over its sanctuary policies and slammed Democrats for causing the illegal immigration “disaster.”
“We are sealing up our Southern Border,” Trump tweeted. “The people of our great country want Safety and Security. The Dems have been a disaster on this very important issue!”
Zero Tolerance
Sessions said “a crisis has erupted” on the border, requiring more criminal prosecutions. He issued a similar directive a year ago that addressed a larger number of border crimes and used softer language on new offenders, saying that prosecutors “should aim to accomplish the goal of deterring first-time improper entrants.”Border Patrol figures show that Mexicans were much less likely to try crossing again if they were criminally charged instead of being simply turned around. But the operation also severely strained courtrooms and jails and fueled criticism of “assembly-line justice.”
A conviction for illegal entry carries a maximum penalty of six months in prison for first-time crossers and two years for repeat offenses. In practice, many are deported after pleading guilty and spending a few days in jail.
Sessions pointed to a Border Patrol effort launched in 2005 in Texas as a model. Authorities targeted first-time crossers for criminal prosecution. The practice spread to federal courts in Texas, Arizona, and New Mexico, the Associated Press reported.
Sessions told U.S. attorneys that he is open to other ideas.
“Remember, our goal is not simply more cases,” he wrote in the order. “It is to end the illegality in our immigration system.”
National Guard
Defense Secretary Jim Mattis signed a memo on Friday authorizing the deployment of up to 4,000 National Guard troops. The memo said the troops “will not perform law enforcement activities or interact with migrants.”About 150 National Guard members from Arizona will deploy to the border next week, Arizona Governor Doug Ducey said on Twitter. The Texas National Guard said it was preparing to send about 250 troops to the border within three days.
“The safety and security of the American people is the President’s highest priority, and he will keep his promise to protect our country and to ensure that our laws are respected,” said White House Press Secretary Sara Sanders.
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