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Jun. 27, 2018

How defense attorneys can combat the zero-tolerance policy

Attorney General Jeff Sessions directed “each United States Attorney’s office along the Southwest Border ... to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under [8 U.S.C.] section 1325(a).”

David S. McLane

Partner
Kaye, McLane, Bednarski & Litt LLP

234 E Colorado
Pasadena , CA 91101

Email: dmclane@kmbllaw.com

David was a federal public defender in the Central District of California from 1990-2003.

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How defense attorneys can combat the zero-tolerance policy
Undocumented migrants wait for asylum hearings outside the port of entry in Tijuana, Mexico, June 20, 2018. (New York Times News Service)

Attorney General Jeff Sessions announced the Department of Justice "zero-tolerance" policy in April 2017, which directed "each United States Attorney's office along the Southwest Border ... to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under [8 U.S.C.] section 1325(a)." That statute makes it a misdemeanor crime for persons who do not have status to enter the country without consent of the government.

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