Cc: Bcc: Subject: FW: Zero Tolerance Prosecutions Date: Fri May 04 2018 20:00:28 EDT Attachments: Here is the guidance we will follow until things are clarified. Thanks From: Sent: Saturday, May 05, 2018 12:47:53 AM To: EGS Supervisors Subject: FW: Zero Tolerance Prosecutions All, As we await guidance on some of the language used in the attachment all we can do is apply common sense and our own judgement. Until we get further guidance? This isn?t all encompassing so if something weird comes up, call. ria_ Thanks CBP From: Sent: Saturday, May 05, 2018 12:08:06 AM To: DRT-DPAICS Cc: Subject: Zero Tolerance Prosecutions All, More information will be forthcoming from Prosecutions, but we will begin 8 USC 1325 rosecutorial referrals for all amenable adults, to include adults that are part of family units, Please read the attached CONOP for further details on the effortsortin is still endin but we will need each station to email the DRT PROS STAFF ?mixehmneex any (6), Division Chief Del Rio Sector (0) (C) CBP From: To: Cc: BBT TASKINGS Bcc: Subject: FW: S1 Signed Action Memo Increasing Prosecutions Date: Sun May 06 201815:56:13 EDT Attachments: AG press release Zero tolerance 4.6.18.pdf BBT Sector Prosecution Report Final.xlsx Southwest Border Prosecutions 05042018.docx Zero tolerance memo 4.6.18.pdf Good afternoon, Effective immediately, all amenable adults will be referred for prosecution under section 1325(a) of Title 8. Please see specifics listed within the BBT CONOP for exclusions Consistency in reporting and data integrity are crucial for the correct reporting to USBP HQ. Please ensure that the attached spreadsheet is completed daily (Excel spreadsheet). Each station must submit their spreadsheet by COB following PAIC review to BBT Operations. I know the additional reporting is not fail-proof, however, until a Sharepoint reporting method is established, we will have to continue to report the numbers via daily emails. CBP FOIA000260 As we receive additional information regarding reporting requirements, we will send it to the stations immediately. Thank you, (6), Division Chief Big Bend Sector Office ?Cen From: HASTINGS, BRIAN Sent: Friday, May 04, 2018 4:01:07 PM To: BP Field Chiefs; BP Field Deputies CC: PROVOST, CARLA LUCK, SCOTT A USBP HUDSON, RICHARD BENJAMINE c; Subject: FW: 81 Signed Action Memo Increasing Prosecutions SWB Chief?s and Deputies, Please see the attached, approved CONOP to develop a quickly scalable approach to achieve 100% immigration violation prosecution referrals for all amenable adults. Border Patrol is authorized to im lement increased Southwest Border Prosecutions, as outlined in the second attachment-ma?a. CBP In a few moments, we will be sendin out a manual 8 readsheet to record declinations and ur oses for declinations. to ow our progress towar 1 prosecutions an to acqurre additional assets (AUSAs, Marshall?s support, detention space, etc.) We will be hosting a teleconference call at 6:10 pm. EST to discuss and answer any questions. The call in information will be out in a few minutes. V/r, Brian CBP 41612018 Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry I OPA Department of Justice JUSTICE NEWS Department of Justice Of?ce of Public Affairs FOR RELEASE Friday, April 6. 2018 Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry Attorney General Jeff Sessions today notified all U.S. Attorney's Of?ces along the Southwest Border of a new ?zero- tolerance policy" for offenses under 8 U.S.C. 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General's zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018?the largest month-to?month increase since 2011. ?The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest?that closes dangerous loopholes and fully funds a wall along our southern border. As a result. a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,? said Attorney General Jeff Sessions. "To those who wish to challenge the Trump Administration's commitment to public safety. national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department?s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders. and its citizens. You play a critical part in ful?lling these goals. and I thank you for your continued efforts in seeing to it that our laws?and as a result. our nation?are respected." On April 11, 2017, Attorney General Jeff Sessions announced a renewed commitment to criminal immigration enforcement. As part of that announcement, the Attorney General issued a memorandum to all federal prosecutors and directed them to prioritize the prosecution of certain criminal immigration offenses. Today?s zero?tolerance policy further directs each U.S. Attorney's Office along the Southwest Border Southern District of California. District of Arizona, District of New Mexico. Western District of Texas. and 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. Attachmentls): Zero-Tolerance Memorgndum Topicls): Immigration Componentts): Of?ce of the A?grney General AILA Doc. No . 18040635 . (Posted 4/6/18) 1l2 CBP 4i6f2018 Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry OPA Department of Justice Press Release Number: 18-417 Updated April 6, 2018 AILA Doc . No . 18040635 . (Posted 4/6/18) 2i'2 CBP FOIA000264 Southwest Border Prosecutions Big Bend Sector May 6, 2018 Objective: 0 Achieve increased level of Border Security in the Big Bend Sector (BBT) area of responsibility (AOR) through consistent application of all legal authorities via consequence delivery. Key Messages: This effort is not new. Each day, those that violate our immigration laws are referred for prosecution. In order to ensure the sovereignty of our Nation and secure our borders, the Department of Justice (DOJ) and the Department of Homeland Security are maximizing their capabilities to deliver the appropriate consequences to violators. In order to break the cycle of those who seek to enter unlawfully, all amenable adults who violate 8 U.S.C. 1325(a) will be referred for prosecution. This includes those adults who are accompanying children. We will not exempt adults who engage in this criminal activity, including those who choose to put their children in harm?s way by crossing the border between the ports of entry. Execution: BBT, under the direction of the Chief Patrol Agent (CPA), will implement Ililill il 0 Currently, BBT presents for rosecution all sin le adults who are amenable to rosecution under 8 use. i 1325a. .orosecutin all amenable 8 U.S.C. 1325 a cases. BBT has historical success in 0 BBT will begin processing all adults who are amenable for prosecution under 8 U.S.C. 1325(a). This includes adults who are part of family units. CBP FOIA000265 Southwest Border Prosecutions Big Bend Sector May 6, 2018 BET has noti?ed DOJ and Immigration and Customs Enforcement (ICE) partners of the initiative. The CPA will consider DOJ requests for Sector resources to support increased prosecutions on a case-by-case basis, in coordination with Headquarters LEOD. All requests for Chief Counsel resources will be referred to the Of?ce of Chief Counsel. The CPA will maintain current operations with respect to enforcement activities and prosecutions. All aliens referred for prosecution within each sector will be entered into the module, with reasons for declinations recorded accurately. Reporting Requirements: (weekly statistics) Report requests from US. Attorney or US. Marshal?s Of?ces for CBP resources to assist with implementation. Report the number of apprehensions in the sector. Report the total number of prosecution referrals by sector for each priority throughout sector. Report the percentage of referred prosecutions for each priority. Report the percentage of declinations for each priority sub-categorized by reason. Report the total number of non-referred (for prosecution) by priority sub-categorized by reason. Any requests for reporting of prosecutions by SAUSAs from the Of?ce of Chief Counsel, or reporting on Chief Counsel SAUSA resources, will be referred to the Of?ce of Chief Counsel. Metrics: Total number of prosecutions increase or decrease CBP FOIA000266 Southwest Border Prosecutions Big Bend Sector May 6, 2018 0 Total number of apprehensions in relation to increase/decrease of prosecutions 0 Demographic shift of aliens entering illegally 0 Number of OTMs entering illegally 0 Number of family units entering illegally Increase/decrease in presentations at the ports of entry Execution Timeline: 1- CBP FOIA000267 United States Border Patrol Weekly Prosecution Report nofficial Sta?gtg?ehensions_ Sector10% Priority 1 Priority 2 CBP United States Border Patrol Weekiy Prose:ution Report 2 Unofficiai Statistics 6 5 3 3 2 Other Total 11 10 Priority 1 Priority 2 2 5 0000000000000 United States Border Patrol Weekiy Prose:ution Report 4 Other Total 2 9 CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics ilv 240% 4 15 375% 180 49 27% Priority 3 Priority 4 Priority 5 Total 3 3 CBP United States Border Patrol Weekiy Pr secution Heport 4 Unoff' Statistics Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Prisecution Report 0 Unoff Statistics CBP FOIA000273 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000274 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000275 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000276 United States Border Patrol Weekly Prosecution Report ?10% Priority 1 Priority 2 CBP United States Border Patrol Weekiy Prooe:utior1 Report Priority 1 Priority 2 2 1 0000000000000 United States Border Patrol Weekiy Prose:ution Report Unofficiai Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics ilv 240% 4 15 375% 180 49 27% Priority 3 Priority 4 Priority 5 Total 3 3 CBP United States Border Patrol Weekiy Pr secution Heport 4 Unoff' Statistics Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Prisecution Report 0 Unoff Statistics CBP FOIA000282 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000283 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000284 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000285 United States Border Patrol Weekly Prosecution Report 10% Priority 1 Priority 2 CBP United States Border Patrol Weekiy Prose :ution Heport .. Priority 1 Priority 2 5 0000000000000 United States Border Patrol Weekiy Prose:ution Report Unofficiai Statistics 8 CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics ilv 240% 4 15 375% 180 49 27% Priority 3 Priority 4 Priority 5 Total 3 3 CBP United States Border Patrol Weekiy Pr secution Heport 4 Unoff' Statistics Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Prisecution Report 0 Unoff Statistics CBP FOIA000291 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000292 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000293 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000294 United States Border Patrol Weekly Prosecution Report WE) official Sta?i?iissehensions 15% Priority 1 Priority 2 CBP United States Border Patrol Weekiy Prose:utlon Heport Unofficiai Statistics Priority 1 Priority 2 7 0000000000000 United States Border Patrol Weekiy Prose:ution Hegort Unofficiai Statistics 0000000000000 United States Border Patrol Weekly Prosecution Report Unofficial Statistics 19% Priority 3 Priority 4 Priority 5 Total I CBP United States Border Patrol Weekiy Prisecutlon geport 3 Unoff' iaiStatistics Priority 3 Priority 4 Priority 5 Total 0 7 9 9 0 0 CBP United States Border Patrol Weekiy Pr secution Heport 14 Unoff' Statistics 194 6 6 14 9 6 45 CBP FOIA000300 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000301 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000303 United States Border Patrol Weekly Prosecution Report 15% Priority 1 Priority 2 CBP United States Border Patrol unomcnal Priority 1 Priority 2 6 United States Border Patrol Weekiy Prose :ution Report Unofficiai Statistics 9 15 United States Border Patrol Weekly Prosecution Report Unofficial Statistics only 19% Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Prisecutlon geport 3 Unoff' iaiStatistics Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Pr secution Heport .- rr- - In. .- .- unorr CBP FOIA000309 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000310 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000311 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000312 United States Border Patrol Weekly Prosecution Report Sta?i?iissehensions 15% Priority 1 Priority 2 CBP FOIA 000000 United States Border Patrol Weekiy Prose:utlon Heport Unofficiai Statistics Priority 1 Priority 2 6 0000000000000 United States Border Patrol Weekiy Prose:ution Report Unofficiai Statistics 7 13 United States Border Patrol Weekly Prosecution Report Unofficial Statistics only 19% Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol Weekiy Prisecutlon geport 3 Unoff' iaiStatistics Priority 3 Priority 4 Priority 5 Total 6 0 0 9 9 0 CBP United States Border Patrol Weekiy Pr secution Heport ED Unoff' Statistics 14 14 \l 14 0 45 CBP FOIA000318 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics Apprehensions USBP Non-referred Percentage Non- 195 Cases Referred 13% Priority 1 Priority 2 CBP United States Border Patrol Weekiy Prose:utlon HeBort Unofficiai 0 36 18 12 66 Priority 1 8 HOWON United States Border Patrol Weekiy Prose :Utlon Hegort CBP United States Border Patrol Weekly Prosecution Report Total Unofficial Statistics 1500 147 64% 1305 294 23% Priority 3 Priority 4 Priority 5 Total I CBP United States Border Patrol yyeekiy Pris-acnutlorillgeport 18 UHOTT lal 294 Priority 3 Priority 4 Priority 5 Total CBP United States Border Patrol vlveekiy Pr secutlon 5eport 24 14 0 Unoff195 CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000329 United States Border Patrol Weekly Prosecution Report Unofficial Statistics CBP FOIA000330 Southwest Border Prosecutions May 3, 2018 Objective: 0 Achieve increased level of Border Security along the southwest border through consistent application of all legal authorities via consequence delivery. Key Messages: This effort is not new. Each day, those that violate our immigration laws are referred for prosecution. In order to ensure the sovereignty of our Nation and secure our borders, the Department of Justice and the Department of Homeland Security are maximizing their capabilities to deliver the appropriate consequences to violators. In order to break the cycle of those who seek to enter unlawfully, all amenable adults who violate 8 U.S.C. 1325(a) will be referred for prosecution. This includes those adults who are accompanying children. We will not exempt adults who engage in this criminal activity, including those choose to put their children in harm?s way by crossing the border between the ports of entry. Execution: The southwest border sectors, under the direction of their Chief Patrol A im lement (7)05) Sectors will rovide localized hased lans while recognizing that our partners will need time to adjust resources to achieve shared DHS and DOJ goals. CPAs will ex and and maintain this rosecution initiative CPAs will consider DOJ request for Sector resources to support increased prosecutions on a case-by-case basis, in coordination with Headquarters LEOD. All requests for Chief Counsel resources will be referred to the Of?ce of Chief Counsel. 0 CPAs will maintain current operations in other _with respect to enforcement activities and prosecutions. All aliens referred for prosecution within each sector will be entered into the module, with reasons for declinations recorded accurately. Prosecution Priorities in the followin order: 1. 2. Authored by: Associate Chief _and Assistant Chiefs Approved by: LEOD Deputy Chief Richard Hudson CBP FOIA000331 Southwest Border Prosecutions May 3, 2018 Reporting Requirements: (weekly statistics) 0 Report requests from US. Attorney or US. Marshal of?ces for CBP resources to assist with implementation. 0 Report the number of apprehensions in targeted and non-targeted by sector. 0 Report the total number of prosecution referrals by sector for each priority in targeted and non-targeted- by sector. 0 Report the percentage of referred prosecutions for each priority in targeted and non-targeted -. 0 Report the percentage of declinations for each priority sub-categorized by reason. 0 Report the total number of non-referred (for prosecution) by priority sub-categorized by reason. 0 Any requests for reporting of prosecutions by Special Assistant United States Attorneys (SAUSAs) from the Of?ce of Chief Counsel, or reporting on Chief Counsel SAUSA resources, should be referred to the Of?ce of Chief Counsel. Metrics: 0 Total number of prosecutions increase or decrease 0 Total number of apprehensions in relation to increase/ decrease of prosecutions 0 Demographic shift of aliens entering illegally 0 Number of OTMs entering illegally 0 Number of family units entering illegally 0 Increase/ decrease in presentations at the ports of entry Execution Timeline: Authored by: Associate Chief _and Assistant Chiefs Approved by: LEOD Deputy Chief Richard Hudson CBP FOIA000332 Southwest Border Prosecutions May 3, 2018 Authored by: Associate Chief _and Assistant Chiefs Approved by: LEOD Deputy Chief Richard Hudson CBP FOIA000333 @ffioz nf (general 01. 211531] APRIL 6, 2018 MEMORANDUM FOR FEDERAL PROSECUTORS ALONG THE SOUTHWEST BORDER FROM: THE ATTORNEY if/?/r 3? SUBJECT: Zero-Tolerance for Offenses Under 8 U.S.C. 1325(a) On April 11, 2017, I issued a memorandum to all federal prosecutors entitled ?Renewed Commitment to Criminal Immigration Enforcement,? in which I directed the prioritization of the prosecution of certain criminal immigration offenses. I further directed each United States Attorney?s Of?ce along the Southwest Border to work with the Department of Homeland Security to develop guidelines for prosecuting offenses under 8 U.S.C. 1325(a). Those seeking to further an illegal goal constantly alter their tactics to take advantage of weak points. That means we must effectively respond with smart changes also. The recent increase in aliens illegally crossing our Southwest Border requires an updated approach. Past prosecution initiatives in certain districts?such as Operation Streamline?Jed to a decrease in illegal activities in those districts. We must continue to execute effective policies to meet new challenges. Accordingly, I direct each United States Attorney?s Of?ce along the Southwest Border? to the extent practicable, and in consultation with to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a). This zero-tolerance policy shall supersede any existing policies. If adopting such a policy requires additional resources, each of?ce shall identify and request such additional resources. You are on the front lines of this battle. I respect you and your team. Your dedication and insight into border reality is invaluable. Keep us informed, and don?t hesitate to give us suggestions for improvement. Remember, our goal is not simply more cases. It is to end the illegality in our immigration system. This guidance is not intended to, does not, and may not be relied upon to create, any right or bene?t, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its of?cers, employees, or agents, or any other person. CBP FOIA000334