Immigration policy criminalizing improper border crossings

A federal statute that criminalizes improper border crossings known as ” Section 1325 ” was brought up in the last Presidential Democratic debate with several candidates that said they would like to terminate the policy.

This immigration policy makes it a misdemeanor for a person to cross illegally into the United States and the second time it is considered a felony.

” To charge them with this misdemeanor of illegal entry which is a criminal offense which results in immigrant parents going from Customs and Border Protection ( CBP ) or ICE custody to U.S. Marshal custody to face the criminal charge, ” said Ray Ybarra , an Immigration Attorney.

Ybarra said this policy is now being used under President Donald Trump’s administration to justify the separation of undocumented immigrants.

” The kids couldn’t go into marshal custody for the criminal charge so that’s when the family separation happened, that was the legal justification to take the kids away, ” said Ybarra .