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LEAKED MEMO: Customs and Border Patrol Pushes for “Prosecutorial Effectiveness” While Juvenile Smugglers Still Exploit Legal Loopholes to Evade Justice

An internal email, obtained by The Citizen Journalism Foundation from an anonymous source, reveals that Justin M. De La Torre, Chief Patrol Agent for the U.S. Customs and Border Protection (USCBP) Yuma Sector, issued a memorandum directing agents to take an “aggressive posture” by pursuing all available prosecution charges.

Last week, Border Patrol whistleblower Agent Monica Cruz, formerly stationed in the Yuma Sector, exposed how USCBP routinely releases teenage smugglers, ages 14 to 17, back to Mexico after apprehension. With no legal consequences, these juveniles repeatedly return to smuggling operations, running the same routes time and again.

The memo highlights an update on “Prosecutorial Effectiveness and Maximization,” aimed at “expanding on all prosecution charges available,” ensuring consequences for illegal border activity. However, it fails to address the loophole that allows juvenile smugglers, known as “foot guides,” to operate without facing prosecution.

CJF reached out to Acting Division Chief Matthew Arruda to ask whether he is aware of this loophole, which enables underage smugglers to continue their criminal activity without facing charges. Instead, we were directed to Public Relations, where we have yet to receive a response.

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