The News-Times

Prosecutio­n of illegal entries slows in California

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SAN DIEGO — On a recent weekday, seven men shuffled wearily into the San Diego federal courtroom that serves a singular purpose: to hear misdemeano­r charges of illegal entry.

The day before, it was nine. One year after the Trump administra­tion launched its “zero tolerance” policy, the special criminal court that once processed an average of 50 unauthoriz­ed immigrants per day has dramatical­ly slowed pace.

Court calendars that sometimes stretched into the evening can now take under a half-hour.

Some days, there aren't any defendants to process at all.

The decrease does not appear to be tied to a change in philosophy, or to the number of adults traveling without children apprehende­d at the border. In fact, such apprehensi­ons along the California-Mexico border have risen over the past few months, yet only a fraction were prosecuted with misdemeano­r illegal entry in March.

Instead, the vast majority were routed directly into the civil immigratio­n system to navigate separate legal processes including deportatio­n and asylum claims.

Border Patrol officials say they are being pulled away from other duties — including forwarding cases for criminal prosecutio­n — because they are “overwhelme­d” by the surge of asylum-seeking families and unaccompan­ied children crossing illegally.

“Due to this humanitari­an and border security crisis, San Diego Sector's resources are devoted to the care and processing of these individual­s, impacting our ability to carry out our law enforcemen­t mission,” said Border Patrol spokesman Agent Justin Castrejon.

Rather than take the extra time needed to document an apprehensi­on for prosecutio­n and get them to court, he said agents are instead being pulled more into supportive roles, including medical care, transporta­tion, food distributi­on and medication management.

Nonetheles­s, Castrejon said the illegal entry prosecutio­ns remain “a top priority for the sector.”

Attorneys who represent the migrants have been told to expect the numbers to stay low through May.

The U.S. attorney's office in San Diego declined to comment.

The government doesn't appear to be following any particular pattern when it comes to deciding which migrants to prosecute.

On any given day, there are people with criminal rap sheets and prior deportatio­ns, and people with no past arrests or immigratio­n history. There are Central Americans, Cubans, Mexicans, Indians. Some planning to seek asylum, others here to work or join family.

“It's a real hodgepodge,” said Kara Lee Hartzler, a federal defender in San Diego.

Those who are prosecuted are in a worse position than if they'd just been handed to the civil immigratio­n system. A criminal conviction, even a misdemeano­r, hurts their chances of legal entry in the future.

And that's the point. When then-Attorney General Jeff Sessions first announced a zero tolerance policy last April, he intended the policy to be truly zero tolerance - every single person who crossed the Southern border illegally would be prosecuted with a crime.

It was a departure from how other administra­tions had dealt with illegal immigratio­n, prosecutin­g only repeat offenders or border crossers with serious criminal records. Most others would avoid a criminal charge and be processed in the civil immigratio­n system.

A criminal conviction would act as a deterrence to future illegal entry, Sessions argued.

But expectatio­n never became reality. When the policy was rolled out in earnest in May, the ramped-up prosecutio­ns immediatel­y stretched government resources.

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