The Most Prosecuted Federal Offense in America: A Primer on the Criminalization of Border Crossing

The federal statute criminalizing illegal entry into the United States, 8 U.S.C.§ 1325(a), has become an unlikely focus of the Democratic presidential primary. Supporters of decriminalization argue that criminalization is unnecessary, given that immigration violations already carry civil penalties, and that prosecutions under § 1325 waste government resources, allow for abusive use of prosecutorial power and do little to deter undocumented crossings. So what precisely does § 1325 do? Why is it important? And what effect would decriminalizing illegal entry into the U.S. really have?

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Judge Allows Administration’s Restrictive Asylum Rule to Stand

A federal judge on Wednesday said he would not block a new rule which effectively bars most migrants from Central America and other countries from seeking asylum at the U.S.-Mexico border. Analysts say the rule amounts to a seismic change in U.S. approach to asylum seekers. The rule restricts access to the U.S. asylum system for non-Mexican migrants who traveled through Mexico and other countries in order to reach the U.S. border — but who did not seek protection in those nations.

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Criminal Prosecutions and Illegal Entry: A Deeper Dive

Since the first Democratic presidential debates at the end of June, candidates, pundits and former government officials have discussed whether provisions of law that turn unauthorized border crossing into the federal crime of “improper entry” – in addition to a civil immigration law violation – should be repealed. Over the last three years, researchers at Human Rights First have conducted extensive research and observed countless entry and re-entry prosecutions in Arizona, California, New Mexico and Texas. These prosecutions, as we have detailed in a series of reports, violate U.S. refugee treaty obligations, impinge on due process, separate children from their parents, waste government funds, and divert prosecutorial resources from serious criminal and security threats.

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Child Separation Policy: Allegations of Mistreatment Substantiated

Between April 2018 and June 2018, the Trump administration separated at least 2,800 children from their parents under the “zero tolerance” policy. Among other disturbing things, a new staff report by the Committee on Oversight and Reform found that at least 18 infants and toddlers under two years old were taken away from their parents at the border and kept apart for 20 days to half a year; at least 241separated children were kept in Border Patrol facilities longer than the 72 hours permitted by law; and that the administration separated children unnecessarily—even under its own rationale.

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We Treat America’s Wartime Detainees Better than Migrant Children

The stories of mistreatment, neglect, and abuse of migrant children held in U.S. government detention proliferate. Ryan Vogel writes that “the standards for treatment of detained persons in wartime are not the same as those required in peacetime immigration situations” – in fact: “in most instances, if not all, migrant children held in temporary government custody should be detained in conditions superior to those of enemy fighters detained during wartime.” He adds: “It is a moral issue. As a nation, we decided that the United States would meet and surpass all legal requirements for our wartime detainees. We determined that even though al Qaeda and other terrorist groups would never reciprocate, we would treat them humanely and with dignity. That we would go above and beyond the minimal standards of the Geneva Conventions and hold ourselves to a higher standard. And that we would hold our people accountable for any and all violations of these standards. We have done that with wartime detention. It is time we did that, and much more, for our detention of migrant children.”

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In El Paso Court, Migrants No Longer Get Legal Advocates or Pre-hearing Briefings on Their Rights

El Paso’s backlogged immigration court recently halted programs designed to aid asylum seekers as they navigate a complicated legal system. “The confusion in the courtroom is palpable,” says one advocate.

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To Stem the Flow of Refugees, Address the Conflicts at Its Core

The growing number of Central American refugees reaching the U.S. southern border adds to the unfathomable recordof 70.8 million people counted globally as of December who had fled their homes as a result of war, persecution, and other conflict, according to a new report from the United Nations. The figure represented an increase of 2.3 million from a year earlier. More than 41 million sought sanctuary within their own countries. And almost 26 million had crossed borders and were officially classified as refugees, half of them children. The remaining 3.5 million of the total were awaiting decisions on applications for asylum to find refuge abroad. Viola Gienger writes in Just Security that the report by the U.N. refugee agency on 19 June drew wide attentionfrom news media. But, as has been the case for years, most of the talk of possible solutions — including for the current migration crisis at the southern border of the United States – focuses on how to handle the never-ending flow of people: how to resettle them, how to secure their rights, whether to build a wall or send them back. “What oddly gets short shrift is the most durable solution of all: resolving the violent conflicts and persecution that are driving people from their homes in the first place,” Gienger writes.