The Obama administration has introduced a new strategy for combating the flow of undocumented immigrants across our borders, and the strategy appears to be working.
Fox News Latino reports that the Border Patrol office in Tucson, Arizona has created a "Consequence Delivery System" that ranks offenders on a sliding scale of 1 to 5 using 15 different "yardsticks." First time violators are treated differently than repeat offenders. Factors for consideration include the amount of time that has elapsed since the last apprehension, as well as the cost to taxpayers for implementing penalties.
Color-coded, wallet-sized cards and posters were created advising agents how to proceed once an offender is taken into custody.
Here are some examples of the penalties Border Patrol agents impose:
- First-time violators are typically charged criminally. After conviction, violators are flown to Mexico City, and given a one-way bus ticket to their hometown.
- Known smugglers are typically returned to Mexico for prosecution.
- Some individuals are transferred to a remote border city hundreds of miles away and then returned to Mexico.
All of the options are punitive in nature, and replace the previous practice of giving an encountered immigrant a bologna sandwich and orange juice before simply returning them to Mexico. Apprehensions in Tucson have decreased by 80 percent since the new strategy has been implemented.
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Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).