AG Sessions' 'Zero-Tolerance' Policy at Border May Lead to More Work for Immigration Bar
The new policy means everyone who crosses the border could face criminal prosecution for illegal entry.
May 08, 2018 at 06:40 PM
3 minute read
![](https://images.law.com/contrib/content/uploads/sites/401/2018/05/BORDER-PATROL-Article-201805082233.jpg)
Stepped-up immigration law enforcement in Texas under U.S. Attorney General Jeff Sessions' new “zero tolerance” policy may lead to more work for Texas lawyers who represent individuals in immigration matters.
“I can see that I would end up representing far more individuals in federal court for illegal entry and illegal re-entry,” said Jodi Goodwin, an immigration lawyer in Harlingen, located in the Rio Grande Valley.
On Monday, Sessions said during speeches in California and Arizona that the government would prosecute anyone illegally crossing into Texas or elsewhere on the southwest border and would separate children from parents. He first announced the zero-tolerance policy in April.
His remarks came on the heels of his announcement last week that his office would place a total of 35 new assistant U.S. attorneys, including eight in the Southern District of Texas, to handle an increase in illegal immigration cases.
The U.S. District Court for the Southern District of Texas has one of the heaviest immigration dockets in the country, and the eight new prosecutors will be charged with handling improper entry, illegal re-entry, and alien smuggling cases, prosecutors said. In fact, U.S. Attorney Ryan Patrick of the Southern District of Texas said they will handle “multiple thousands” of illegal entry, illegal re-entry and smuggling cases a year.
Michelle Saenz-Rodriguez, an immigration lawyer in Dallas at Saenz-Rodriguez & Associates, said enforcement of the zero-tolerance policy means that every person who comes over the border is subject to criminal prosecution for illegal entry. Sessions' directive, she said, has “everybody in a big tizzy.”
Prior to Sessions' announcement, people who crossed the border were typically administratively processed and then deported, Goodwin said. But with everyone heading to criminal court under the zero-tolerance policy, there may be more demand for private attorneys to represent individuals in those cases.
“I can imagine the number of people that will be showing up for Magistrate Court every day is going to skyrocket,” Goodwin said.
The charge for a first-time illegal entry is a misdemeanor and lawyers from federal public defender offices typically represent individuals in Texas facing that charge, Saenz-Rodriguez said. Most people decline representation and plead guilty to that misdemeanor charge.
And while the charge for first-time illegal entry carries a maximum sentence of six months in prison, the magistrate judges who hear those misdemeanor cases usually sentence the people to time served, which may be as little as a day, according to Goodwin.
But illegal re-entry charges, which can be brought if the individual was previously deported, are a felony, the lawyers said.
It remains unclear what effect the zero-tolerance policy will have on federal public defenders' offices, or whether they will be able to handle the expected increased caseload. Marjorie Meyers, the federal public defender in the Southern District of Texas, could not immediately be reached for comment.
Susan Bond, an immigration lawyer in Dallas who is chair of the State Bar of Texas immigration and nationality law section, said the Texas immigration bar is concerned about the impact that stepped-up enforcement will have on human rights.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Holland & Knight Debuts Defense Industry Group Amid High Demand Holland & Knight Debuts Defense Industry Group Amid High Demand](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/e1/3b/7e759d9e4d05944c021840010922/us-army-767x633.jpg)
![Sunbelt Law Firms Experienced More Moderate Growth Last Year, Alongside Some Job Cuts and Less Merger Interest Sunbelt Law Firms Experienced More Moderate Growth Last Year, Alongside Some Job Cuts and Less Merger Interest](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/b8/20/9d8d049b4d94a7d873b5c2555ca0/business-growth-767x633.jpg)
Sunbelt Law Firms Experienced More Moderate Growth Last Year, Alongside Some Job Cuts and Less Merger Interest
4 minute read![Once the LA Fires Are Extinguished, Expect the Litigation to Unfold for Years Once the LA Fires Are Extinguished, Expect the Litigation to Unfold for Years](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/6f/fc/9377412b47f38f5cdbdf7ce78e87/class-action-firefighters-767x633.jpg)
Once the LA Fires Are Extinguished, Expect the Litigation to Unfold for Years
5 minute read![Paul Hastings Adds Morgan Lewis Environmental Partner Paul Hastings Adds Morgan Lewis Environmental Partner](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/401/2024/11/Stephen-Fitzgerald-767x633.jpg)
Trending Stories
- 1ACC CLO Survey Waves Warning Flags for Boards
- 2States Accuse Trump of Thwarting Court's Funding Restoration Order
- 3Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 4Coral Gables Attorney Busted for Stalking Lawyer
- 5Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250