Office of the Attorney General (Jeff Sessions
APRIL 6, 2018
MEMORANDUM FOR FEDERAL PROSECUTORS ALONG THE SOUTHWEST BORDER
FROM: THE ATTORNEY GENERAL
SUBJECT: Zero-Tolerance for Offenses Under 8 U.S.C. § 1325(a)
On April 11, 2017, I issued a memorandum to all federal prosecutors entitled “Renewed Commitment to Criminal Immigration Enforcement,” in which I directed the prioritization of the prosecution of certain criminal immigration offenses. I further directed each United States Attorney’s Office along the Southwest Border to work with the Department of Homeland Security to develop guidelines for prosecuting offenses under 8 U.S.C. § 1325(a).
Above, right: Inside of a former Walmart in Texas that’s been converted into a detention center for 1,500 migrant boys. The walls of the jail are lined with murals depicting American history and leaders, including one of President Trump with the caption — in both English and Spanish — reading, “Sometimes by losing a battle you find a new way to win the war.” The quote is from Trump’s book, “The Art of the Deal,” about his unsuccessful effort in the 1980s to drive tenants from rent-controlled apartments in order to tear down their buildings and replace them with a luxury high-rise. Photo from Democracynow.org
Those seeking to further an illegal goal constantly alter their tactics to take advantage of weak points. That means we must effectively respond with smart changes also. The recent increase in aliens illegally crossing our Southwest Border requires an updated approach. Past prosecution initiatives in certain districts — such as Operation Streamline — led to a decrease in illegal activities in those districts. We must continue to execute effective policies to meet new challenges.
Accordingly, I direct each United States Attorney’s Office along the Southwest Border to the extent practicable, and in consultation with DHS- to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a). This zero-tolerance policy shall supersede any existing policies. If adopting such a policy requires additional resources, each office shall identify and request such additional resources.
You are on the front lines of this battle. I respect you and your team. Your dedication and insight into border reality is invaluable. Keep us informed, and don’t hesitate to give us suggestions for improvement. Remember, our goal is not simply more cases. It is to end the illegality in our immigration system.
This guidance is not intended to, does not, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. “
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