A federal judge has called a U.S. prosecutor's argument absurd and a problem of the government's own making in a recent ruling that highlights the clash between criminal court processes and the nation's increasingly controversial immigration policies.

Magistrate Judge Andrew Austin of the U.S. District Court for the Western District of Texas in Austin was frustrated by the prosecutor's reasoning about why Austin should keep a defendant in jail rather than release him on pretrial bond for a felony charge of unlawful reentry. Unlawful re-entry cases have grown increasingly common under the Trump administration as it charges immigrants at the border en masse with the crime, and as U.S. Immigration and Customs Enforcement sweeps up undocumented immigrants in raids on employers.

Austin wrote that the prosecutor, Assistant U.S. Attorney Mark Marshall, argued that the court must detain the defendant, Edgar Alfredo Valladares, because he posed a significant flight risk. Why? Immigrations and Customs Enforcement planned to deport Valladares if he was released from jail.