Latino America Laura Gambino reports on Operation Streamline
"Illegal immigrants caught in certain areas along the border are now charged with violating federal law and given criminal records before being deported. If they return to the United States and are caught, they can face prison time. Supporters of the program say its expansion will help secure the border. Opponents argue the program is costly and unconstitutional."
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"This is Operation Streamline, a federal initiative that attempts to deter border crossers by criminally prosecuting them. The little-known program was implemented in late 2005 by President George W. Bush. First-time offenders can be sentenced to a maximum of six months but are often sentenced to time served and deported. Repeat offenders can receive up to two years in prison but generally get from 10 to 180 days. If a repeat offender has a criminal record, he or she can receive a prison sentence of up to 20 years.
"The vast majority of illegal immigrants apprehended along the 2000-mile U.S.-Mexico border still receive voluntary deportations, an action with almost no legal repercussions. But expansion of Operation Streamline — with its criminal convictions for those caught crossing the border illegally — is being hailed as an antidote to America’s border security problems.
"Before Streamline, non-violent border crossers with no prior convictions who made it into the court system were administratively deported. Criminal prosecutions were reserved for migrants with criminal records or multiple re-entries.
"Much of this prosecutorial discretion is lost with Streamline, and as a result officials say misdemeanor immigration cases are overwhelming the federal district courts along the border."
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"The U.S.-Mexico border spans from San Diego, Calif. to Brownsville, Texas. There are five federal court districts with jurisdiction over the border region — each operates multiple courts. Of the 11 courts along the border; eight of them enforce Streamline or similar programs.
"Six other federal district courts (Tucson, Ariz.; Las Cruces, N.M.; El Paso, Texas; Laredo, Texas; McAllen, Texas; and Brownsville, Texas) employ partial programs. As a whole, the initiative is referred to as Operation Streamline, although, each zero-tolerance program operates under its own name."