Our law in this area is so stupid.
In case its not clear, the current rules are set out in an old agreement. If I remember correctly, it was the ACLU that began the case in the 80s. It got bogged down in the 9th Circuit over the course of multiple administrations. When the Clintons took over, they settled it. It is those rules the Clintons agreed to that are now still tying the hands of the entire Executive Branch.
I knew and was friends with many AUSAs back in the day, including those actively involved in some of these matters. The international border is divided into districts. I think there are 6 or 8 from Texas to California. The USAO for Southern District of Texas (Houston) covered the border from Brownsville to Laredo. The rest of the Texas border was handled out of El Paso (Western District) I think, if not them then San Antonio, maybe both. The Southern District of California (the USAO in San Diego) handled all the cases from that area. And so on for everything in between (New Mexico and Arizona).
I've sat through a countless stream of motion hearings regarding the forfeiture of assets securing bail for the ones who skipped the country. It was both sad and tiresome. The folks those people left behind in the US got screwed even though they were not the bad guys. The point being that this entire system is messed up much more than just whatever makes the news.
My memory is that the AUSAs handled first and second time apprehended border jumpers only. This level of the process was where "catch and release" came in, the parameters of which were set out in that agreement reached between the Clinton DOJ and the ACLU in that 9th Cir case. Anyone caught a 3rd time, or more, was handled by federal Immigration attorneys. I never had anything to do with those people so I dont know too much about that part of the process.
Since the ACLU is never going to voluntarily re-open that settlement/agreement (indeed, they would fight any attempt), the only way for it to be superseded is for the Congress to act. We literally need an Act of Congress.
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poop x 1
Last edited: Oct 19, 2018