Tuesday, January 26, 2021
On April 6, 2018, U.S. Attorney General Jeff Sessions issued a memo to all prosecutors on the Southwest border, directing them "to the extent practicable, and in consultation with D H S - to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a)".
Today, Acting U.S. A.G. Monty Wilkinson rescinded the Sessions memo.
The Session memo profoundly changed the way some SW courts operated -- particularly in the S.D. Cal (think San Diego) where § 1325 cases hadn't previously been a priority. We'll have to wait and see whether, when, and how this top-down change in priorities will affect the on-the-ground practice that's gotten up and running in the past 3 years.