Analysis

What Decriminalizing Border Crossings Would Really Mean

Law360 (July 3, 2019, 5:44 PM EDT) -- Several prominent Democrats have recently called for decriminalizing unauthorized entry to the U.S., which scholars said would erode the legal basis for the Trump administration’s practice of separating immigrant families, as well as eliminate redundancy with the harsh penalties that civil immigration proceedings already carry.

Julian Castro, former Secretary of Housing and Urban Development during the Obama administration, called on fellow Democratic candidates on the presidential debate stage last week to repeal Section 1325 of the Immigration and Nationality Act. He claimed it would prevent the Trump administration from carrying out further family separations.

The statute makes it a crime for...

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