On April 6, 2018, U.S. Attorney
General issued a memorandum to all U.S. Attorney’s offices along the South
Border, announcing a new “Zero-Tolerance
Policy” for offenses under 8
U.S.C. § 1325(a).
According to ‘Zero-Tolerance
Policy” an alien who illegally enters or attempts to enter into the U.S. will be
criminally persecuted. An alien who
commits such offense for the first time, will be fined or imprisoned not for more
than 6 months or both, and for a subsequent commission of such offense, will be
fined or imprisoned for not more than 2 years or both.
8 U.S.C. § 1325(a) states that “Any alien who (1) enters or attempts to enter the United
States at any time
or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the willful
concealment of a material fact, shall, for the first commission of any
such offense, be fined under title 18 or imprisoned not more than 6
months, or both, and, for a subsequent commission of any such
offense, be fined under title 18, or imprisoned not more than 2 years,
or both.“
A new Zero-Tolerance policy further directs
each U.S.
Attorney’s Office along the Southwest Border for Southern District of
California, for District of Arizona, for District of New Mexico, for Western District of
Texas, and for 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.
