DHS and DOJ Initiative to Criminalize Illegal Entries into the U.S.

Operation Streamline is an initiative of the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to criminalize illegal entries into the United States, which was launched in 2005. The United States-Mexico border is the main “zero tolerance” zone under Operation Streamline, where everyone who enters without proper inspection at the border can face detention, criminal charges, and deportation. Under Operation Streamline, if you are caught crossing the border without inspection you can face one of two criminal charges:

• Illegal Entry: This is a misdemeanor charge that is reserved for first-time offenders. A conviction for illegal entry carries a maximum of six months in jail.
• Illegal Re-entry: This is a felony charge that is reserved for anyone who has been deported in the past and is attempting to re-enter again without proper inspection. A conviction for an illegal re-entry carries up to 2 years in federal prison. This maximum can increase to 10 and 20 years if the reason for the deportation was due to a conviction of a felony or aggravated felony.

After sentencing is completed for either an illegal entry or an illegal re-entry conviction, the individual is then deported. Illegal entry is the most commonly filed federal criminal charge out of all possible federal criminal charges for anything. In 2018, 62% of all suspects prosecuted for immigration crimes were prosecuted for illegal entry.

CRITICISMS OF OPERATION STREAMLINE

Operation Streamline works on a deterrence theory. The belief is that if the United States is harsh on illegal entries and illegal re-entries it will reduce crime as people would then be more scared to cross, fearing criminal prosecution. Many have criticized this approach as being too simplistic and ineffective. It takes an enormous amount of resources and money to run Operation Streamline, where people are taken through the criminal process, sentenced to jail or prison, and then deported. Others have criticized Operation Streamline as being a waste of resources when they should be focused on more important issues like drug smuggling, human trafficking, and gang activity. This bloated number of cases that come with Operation Streamline have put a great burden on the federal courts, where in some cases 90 defendants are represented by one attorney at the same time. Operation Streamline annually costs well over $100 million in court proceedings and over $50 million for custody and imprisonment.

EFFECTS ON IMMIGRATION RELIEF

The long-term impact that a non-citizen may face when they are caught and prosecuted for illegal entry may not be obvious at first while that person is dealing with their immediate legal issues. But in the long term, a conviction for an illegal entry or illegal reentry can have very harmful consequences on that person’s immigration case. It could result in it becoming impossible to be able to become a lawful permanent resident (green card holder). If a non-citizen is convicted of two or more offenses for which the combined prison sentence is five or more years, then a person would be deemed inadmissible. Many plea agreements that are used in illegal entry and illegal re-entry cases have provisions that require non-citizens to waive any legal claims of immigration relief they might have. Claims of relief that non-citizens are routinely required to waive are claims of asylum and protection under the United Nations Convention Against Torture. If you have any questions related to illegal entry or re-entry charges, or are looking to adjust your status, then it is important to seek the advice of an experienced federal immigration attorney as soon as possible.