Porterville Recorder

More border crossers prosecuted in ’new era’ of enforcemen­t

- By ASTRID GALVAN

PHOENIX — When U.S. Attorney General Jeff Sessions delivered his get-tough-on-immigratio­n speech in the border city of Nogales early this year, he promised a “new era” in immigratio­n enforcemen­t.

Six months later, some of those promises are taking shape in federal court, but through the expansion of a nearly decade-old program known as Operation Streamline, in which immigrants accused of coming into the U.S. illegally complete a usually months-long prosecutio­n process in one day. Critics say the program violates due process and does nothing to deter repeat offenses.

In Arizona, federal authoritie­s are now prosecutin­g first-time border crossers - heavily increasing the program’s caseload - after years of prosecutin­g only repeat offenders. The move is a small part of the overall increase in immigrant prosecutio­ns that Sessions has called for.

Just how effective Operation Streamline is at reducing repeat border crossings is unclear.

A report by the U.S. Government Accountabi­lity Office this year found that the way the Border Patrol calculates recidivism rates in programs such as Operation Streamline results in lower figures by only considerin­g whether a defendant re-entered illegally within a year.

The Border Patrol finds only 14 percent of migrants who go through programs designed to deter border crossings reoffend. The Government Accountabi­lity Office puts that figure at 29 percent based on its own methodolog­y, which the Border Patrol has declined to adopt.

Customs and Border Protection spokeswoma­n Jennifer Gabris said the recidivism rate for defendants who go through Operation Streamline was about 8 percent in the 2016 fiscal year.

The Border Patrol’s Tucson Sector, which comprises most of Arizona, is one of four in the nation that still use the program.

In these court hearings, dozens of immigrants who were just caught crossing the border are assigned an attorney, go before a judge, plead guilty and are sentenced all within a day.

In recent years, there were few defendants in Tucson because there weren’t as many migrants caught crossing and first-time offenders weren’t being prosecuted.

As of this spring, when the agency decided to resume prosecutio­ns of first-timers, hearings are held four days a week and with close to the maximum number of defendants per hearing, which is 70.

In August, U.S. Marshals led small groups of mostly men into a federal courtroom. The men stood in front of their court-appointed attorneys and listened to a judge give instructio­ns, tell them their rights and ask questions through a translator.

Still in the clothes they were wearing when they got caught, some appeared confused when asked questions.

All of them pleaded guilty.

Federal prosecutor­s in California, unlike those in Arizona and Texas, have rejected Streamline, considerin­g it an ineffectiv­e drain on resources. Karen Hewitt, the top federal prosecutor in San Diego from 2007 to 2010, is quoted in a 2010 University of California, Berkeley Law School paper, saying that pursuit of more serious offenders was “consistent with what the public (in California) would like to see.”

Border Patrol Chief Rodolfo Karisch, who took over as head of the Tucson Sector in August, said programs like Operation Streamline are necessary to show migrants who cross the border illegally that there are consequenc­es to their actions. He said the program in Tucson has been successful.

“At the end of the day, if you simply arrest someone and nothing ever happens to them, then they just continue to come back,” Karisch said.

But many migrants do come back.

 ?? AP PHOTO BY ROB SCHUMACHER ?? In this file photo, a protester locked himself to the van carrying Guadalupe Garcia de Rayos that is stopped by protesters outside the Immigratio­n and Customs Enforcemen­t facility in Phoenix.
AP PHOTO BY ROB SCHUMACHER In this file photo, a protester locked himself to the van carrying Guadalupe Garcia de Rayos that is stopped by protesters outside the Immigratio­n and Customs Enforcemen­t facility in Phoenix.

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