Office
of Public Affairs
Friday, April 6, 2018
Attorney General
Announces Zero-Tolerance Policy for Criminal Illegal Entry
Attorney
General Jeff Sessions today notified all U.S. Attorney’s Offices along the
Southwest Border of a new “zero-tolerance policy” for offenses under 8
U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal
entry into the United States by an alien. The implementation of the Attorney
General’s zero-tolerance policy comes as the Department of Homeland
Security reported a 203 percent increase in illegal border crossings from March
2017 to March 2018, and a 37 percent increase from February 2018 to March
2018—the largest month-to-month increase since 2011.
“The
situation at our Southwest Border is unacceptable. Congress has failed to
pass effective legislation that serves the national interest—that closes
dangerous loopholes and fully funds a wall along our southern border. As a
result, a crisis has erupted at our Southwest Border that necessitates an
escalated effort to prosecute those who choose to illegally
cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge
the Trump Administration’s commitment to public safety, national security, and
the rule of law, I warn you: illegally entering this country will not be
rewarded, but will instead be met with the full prosecutorial powers of the
Department of Justice. To the Department’s prosecutors, I urge you: promoting
and enforcing the rule of law is vital to protecting a nation, its borders, and
its citizens. You play a critical part in fulfilling these goals, and I thank
you for your continued efforts in seeing to it that our laws—and as a result,
our nation—are respected.”
On April 11, 2017,
Attorney General Jeff Sessions announced a renewed commitment to criminal
immigration enforcement. As part of that announcement, the Attorney General
issued a memorandum to all federal prosecutors and directed them to prioritize
the prosecution of certain criminal immigration offenses.
Today’s
zero-tolerance policy further directs each U.S. Attorney’s Office along the
Southwest Border (i.e., Southern District of California, District of Arizona,
District of New Mexico, Western District of Texas, and the Southern District of
Texas) to adopt a policy to prosecute all Department of Homeland Security
referrals of section 1325(a) violations, to the extent practicable.