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A6 U.S. NEWS
Wednesday 19 december 2018

Judges push back against 'zero-tolerance' immigration policy

SAN DIEGO (AP) — The San Diego.
14 defendants had been If convicted, first-time of-
charged with entering the fenders can be punished
country illegally. But there by up to six months in prison.
was a problem: When their They can be charged with
cases were called in court, a felony if caught again.
they could not show up The administration coun-
because they had already tered on Oct. 9, saying it
been deported. would not deport people
U.S. Magistrate Judge Wil- until their criminal cases
liam Gallo quickly con- were completed. That
cluded that none of the stopped cases from being
migrants could be pros- dismissed but introduced
ecuted — a decision that new problems: Keeping
struck at the heart of the people in custody for lon-
Trump administration's ze- ger periods strained deten-
ro-tolerance immigration tion space and imposed
policy, which calls for treat- higher costs.
ing illegal border crossing "They wanted it to be a
as a common crime. He one-day thing, like it is
dismissed all the charges across the whole border,
and ordered that all bond because it's cheaper," said
money be returned. Jami Ferrara, who repre-
The same scene played sents defense attorneys on
out every day for several In this Dec. 2, 2018 file photo, taken from the Tijuana, Mexico, side of the border, Honduran mi- a panel with judges and
weeks in San Diego — an- grants react as they surrender to the U.S. Border Patrol after crossing the border wall in to the prosecutors working on the
other example of judges United States. changes. "It's not a cheap
challenging President Don- Associated Press system."
ald Trump's moves on immi- It is unclear how many cas-
gration in ways large and But the rulings defeated the criminal cases against duced the mass hearings es were dismissed in San Di-
small. Last month, a differ- the purpose of zero toler- them will be dropped. To on immigration charges in ego, but defense attorneys
ent judge halted an ad- ance, which is to notch avoid getting cases dis- California in July, adopting estimate it was hundreds.
ministration policy to deny convictions. missed, the administration a model that has been in The legal skirmishes in San
asylum to people who en- Gallo and other California could not conduct the type place for years in Arizona, Diego court have not
ter the country illegally. judges forced the govern- of lightning-quick prosecu- New Mexico and Texas. drawn a public reaction
The dismissals did not free ment to choose between tions that it practices else- The hearings soon began from Trump, and the Jus-
any migrants or allow any deporting migrants im- where along the border. running past 6 p.m. regu- tice Department and Cus-
of them back into the U.S. mediately or risking that Federal prosecutors intro- larly. toms and Border Protection
Defense attorneys fre- agency declined to com-
quently objected that they ment.
didn't have enough time It costs the Marshals Service
to consult with their clients, an average of almost $90
who appeared in the same a day to house a defen-
clothes they wore crossing dant. In San Diego, space
the border a day or so ear- is at a premium, with room
lier. for only 815 people at the
Then, on Sept. 17, Gallo main holding facility.
announced that judges To address any space
would no longer accept limitations, the Marshals
guilty pleas at initial ap- Service has agreements
pearances, as they do in with state and local gov-
Arizona and Texas. Instead, ernments and the federal
they began setting second Bureau of Prisons, as well
hearings for five days later. as contracts with private
Immigrants who posted bail companies, spokesman
before their return dates Drew Wade said.
were deported. Many defendants are un-
"The government, in many able to make bail because
respects, was duplicitous," some judges insist they be
Gallo said on a recent Fri- released to "a third-party
day, referring to the deci- custodian" in California, of-
sion to deport defendants ten a relative who is respon-
before they could return to sible for making sure they
court for resolution of their return to court. But some
cases. family members may be
On the same day, Gallo reluctant to come forward
dismissed charges against if they are in the country il-
the 14 defendants, many legally, and many live far
of them Mexican men who from San Diego.
were caught hiding amid Defense attorneys have
boulders and thick brush in objected to the require-
rugged mountains east of ment. q