New York Times
By Ron Nixon
May 07, 2018
An increased number of undocumented immigrants who illegally enter the United States, including families with children, will face criminal prosecution as the Trump administration doubles down on a new zero-tolerance policy against unauthorized border crossings.
The proposal has been in discussion for some time by top officials at the Department of Homeland Security as a way to cut the rising number of migrants crossing into the country.
Kirstjen Nielsen, the homeland security secretary, sent the order to border agents on Friday, according to two people familiar with the directive. The Washington Post reported last month that it was being considered.
Additionally, Attorney General Jeff Sessions last month announced a new zero-tolerance policy against migrants illegally trying to enter the United States along the southwest Border.
Under the directive, undocumented immigrants who are stopped by the Border Patrol or customs officers will be sent directly to a federal court by the United States Marshals Service. Children will be put in the custody of Health and Human Services’ Office of Refugee Resettlement, according to the two people familiar with the policy, who spoke on condition of anonymity because it had not yet been announced.
The adult immigrants would be sent to detention centers to await trial. If convicted, they would be imprisoned for the duration of their sentences, after which they could be returned to their country of origin.
The policy is a reversal of sorts from how previous administrations handled prosecutions of undocumented immigrants. In the past, families who were stopped after crossing the border with their children were released into the United States to await civil deportation hearings.
However, immigrants seeking asylum still could be protected, the officials said.
In cases where migrants who have illegally entered the United States express fear of returning to their home country because of political prosecution or other dangers, Customs and Border Protection officers can refer them to asylum interviews. That process is handled by Citizenship and Immigration Services, an agency within the Department of Homeland Security.
The department said the new policy responds to increasing illegal migration over the past 12 months, including a significant rise in families and children who are crossing the border alone. The new policy, officials said, is designed to protect young children who have been abused by smugglers or drug trafficking organizations.
According to the most recent figures from Customs and Border Protection, at least 50,000 immigrants last month sought to illegally enter the United States, a major uptick in traffic after apprehensions dropped to a 40-year low in 2017.
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