While less than 5percentt of federal prosecutions involved immigration in 1993, the first year of Bill Clinton's presidency, illegal entry and re-entry prosecutions now account for roughly half the federal criminal docket, sapping limited resources to prosecute violent or white-collar crimes.
Trump is leading a crackdown on unauthorized immigration at the U.S.-Mexico border that will refer adults apprehended after illegal entry for criminal prosecution, even if that means splitting up families and jailing asylum seekers.
The ACLU also asks federal officials to reduce criminal prosecutions for illegal entry and illegal re-entry in order to avoid prosecuting people before they have a chance to present claims to stay in the country.
In 2002, there were 3,000 prosecutions for illegal entry and 8,000 for illegal re-entry; by 2012, the numbers were 48,000 and 37,000.
In Texas' southern federal court district this year, where nearly 90percentt of all new prosecutions were for illegal entry and re-entry into the United States, federal authorities are looking for more room to hold detainees, many of whom are charged with immigration crimes.
Hard-line immigration advisors on Trump's transition team also are drafting plans to dramatically increase prosecutions of illegal entry, an immigration violation that doesn't always lead to deportation under current policy.
The White House insists that parents will still remain exposed to criminal prosecutions for illegal entry, for example, which would add transportation costs to shuttle parents to the new centers, then to criminal court and back to the centers again.
Refugees have legal protection against prosecution for illegal entry under article 31 of the 1951 refugee convention, which the UK is a signatory to.
Examples include detention of trafficked persons in shelters; their prosecution for illegal entry or illegal work; denial of protection and support to victims who will not or cannot cooperate with criminal justice authorities; and being forced return to a situation of danger.
Some of those detained could face federal criminal prosecution for illegal entry and illegal re-entry after removal, the statement said.
