There Ought To Be a Law

One would think crossing our border illegally would be enough for deportation. Think again. This really hit home this morning as I was making my way through a nearby local village and was struck by the hordes of hoodie-wearing day laborers massed on street corners.

Illegal Immigrants Required 6 Arrests to Warrant Federal Prosecution in Texas, Memo Says

Guidelines issued by U.S. attorneys in Texas showed that most illegal immigrants crossing into the state had to be arrested at least six times before federal authorities would prosecute them, according to an internal Justice Department memo.

The disclosure provides a rare view of how federal authorities attempt to curb illegal immigration. The memo was released this week in response to a congressional investigation of the dismissals of eight U.S. attorneys.

The Border Patrol makes more than 1 million arrests a year on the U.S.-Mexico border. T.J. Bonner, head of a union representing Border Patrol agents, said it's unrealistic to prosecute all violators.

"Let's be honest, there isn't enough jail space to incarcerate everyone who crosses that border," said Bonner, president of the National Border Patrol Council. "If everyone demanded hearing in front of an immigration judge, it would bring our system to a grinding halt in a matter of days."

It is unclear when the memo was written, but the Justice Department reviewed the guidelines sometime after a February 2005 performance review of Carol Lam, the top federal prosecutor in San Diego from 2002 until she was fired last month. Some Republican lawmakers had complained that Lam failed to aggressively prosecute immigration violations.

Justice Department spokesman Brian Roehrkasse said Thursday that immigration prosecutions are a high priority and that the government sent 30 additional attorneys to the border region in the second half of 2006. He said U.S. attorneys set guidelines that, in part, reflect local crime issues and staffing.

"Increasing the number of prosecutors will permit districts to adjust their guidelines and take in more cases," he said. "For law enforcement reasons, the department cannot discuss what the present prosecutorial guidelines are concerning the border."

The memo was written in response to Justice Department inquiries about immigration prosecutions by the five U.S. attorney offices that cover the 2,000-mile border — San Diego, Phoenix, San Antonio, Houston and Albuquerque, N.M.

More from Michelle Malkin.

Meanwhile, perhaps some day there will be tighter enforcement. Not holding my breath.

The chief House proponents of a path to citizenship for illegal aliens yesterday also embraced stricter enforcement, arguing they need to move that direction if they hope to pass a bill this year.

They introduced a new immigration overhaul that still grants almost all illegal aliens a path to citizenship, but would also speed up the requirement that they learn English, make them leave the country before they can start the path to citizenship, and make the entire program turn on the government showing it is making progress on border security and interior law enforcement.