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If the government decides, at any point, that it doesn’t need to keep the immigrant in detention through that whole process — if it decides not to detain her at all because she’s likely to show up to court anyway, if it has to release her because of a court order, or if it simply doesn’t have the resources to keep her in detention for years — it can theoretically be accused of practicing “catch and release.” During the George W. Bush administration, Border Patrol agents routinely did this when they caught immigrants crossing the US-Mexico border from Central America or other non-Mexican countries. They’d open up an official deportation case in an immigration court, then release the immigrant to show up at his next court date. But as the Bush administration got serious about a border crackdown during its second term, it started keeping all immigrants caught at the border in detention as a matter of course; a 2006 press release from the Department of Homeland Security trumpets, “DHS Secretary Announces End to ‘Catch and Release’ on Southern Border.” Toward the end of the Obama administration, Border Patrol agents grumbled that President Obama was “bringing back ‘catch and release,’” because DHS instructed agents not to prioritize the arrest and detention of immigrants unless they had criminal records or had recently crossed the border. But those instructions were explicitly designed to apply only to immigrants caught by Border Patrol (and Immigration and Customs Enforcement) who were already living in the US — not to force them to release immigrants caught crossing from Mexico. The Trump administration got rid of those restrictions during Trump’s first week in office. At the same time, it tried to mandate that all immigrants caught crossing into the US be kept in detention while their cases were resolved. But while the Trump administration could expand the number of people getting sucked up by immigration enforcement, it couldn’t always control what happened to them once they were put into the deportation process. “Catch and release” mostly only happens to children, families, and asylum seekers Over the past few years, an increasing number of people caught at the US-Mexico border have fallen into categories that get particular legal protections: They’re children or teenagers traveling alone from Central America, or they’re families traveling together, and/or they want to seek asylum to flee deadly peril in their home countries. While border crossings overall are still way lower than they were before the Great Recession, these groups make up a bigger share of immigrants getting apprehended.

For the original version including any supplementary images or video, visit https://www.vox.com/2018/4/9/17190090/catch-release-loopholes-border-immigrants-trump

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