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For all the rhetoric about the supposed criminality of this population, and the need for harsh consequences, historically Border Patrol has not referred them for felony prosecution. For the entire month of April 2018, after the administration had supposedly successfully
piloted the family separations policy, and the month directly preceding its implementation across the entire southwest border, about 4,500 adults were arrested at the border as part of a family unit. According to the Transactional Records Access Clearinghouse (TRAC), who obtained comprehensive case-by-case data from CBP, just one of those adults was referred for criminal prosecution.
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