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Criminal charges for crossing the border were used in some cases in the administrations of presidents George W. Bush and Barack Obama, but recent policy changes through the Justice Department call for “100 percent of illegal Southwest Border crossings” to be prosecuted by the federal criminal courts for a nonviolent offense known as improper entry, a misdemeanor. A border reentry can be prosecuted as a felony.
The heavier caseload is already showing in the federal criminal courts: Federal criminal prosecutions of those apprehended by CBP at the Mexican border jumped about 30 percent in April over March, according to the Transactional Records Access Clearinghouse.
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