Illegal immigrants allowed at least five strikes
Border-crossings guidelines revealed amid probe into U.S. attorney firings

By SUSAN CARROLL and MICHAEL HEDGES
Copyright 2007 Houston Chronicle

Documents released in the controversy about eight fired U.S. attorneys show that federal prosecutors in Texas generally have declined to bring criminal charges against illegal immigrants caught crossing the border — until at least their sixth arrest.
A heavily redacted Department of Justice memo from late 2005 disclosed the prosecution guidelines for immigration offenses, numbers the federal government tries to keep classified. DOJ officials would not say Thursday whether it has adjusted the number since the memo was written, citing "law enforcement reasons."
The prosecution guidelines have been a source of frustration for years among the ranks of U.S. Border Patrol agents, said T.J. Bonner, president of the National Border Patrol Council. Smugglers can figure out the criteria by trial and error, he said, and can exploit it to avoid prosecution.
"It's devastating on morale," Bonner said. "Our agents are risking their lives out there, and then they're told, 'Sorry, that doesn't meet the criteria.' "
The memo was written in response to DOJ inquiries at five U.S. attorney offices, including Houston, about immigration prosecutions. The others — San Antonio, San Diego, Phoenix and Albuquerque — cover the 2,000-mile border.
The U.S. Attorney's Office in Houston declined to comment.