The immigration law now being used on migrants who cross the border illegally, Title 8, could lead to overcrowding at jails which would trigger authorities to release them onto US streets instead of deporting them, sources tell The Post.
While the law does carry legal consequences for migrants who jump over the border — it also creates a headache for border patrol and sheriffs who run local jails.
“The more we prosecute, the more that they’re going to go to jail, and we’ll get to a point where there is no more jail space,” former Border Patrol agent Thaddeus Cleveland, who is now the sheriff in Sanderson, Texas, told The Post.
Texas Congressman Tony Gonzales agreed, adding: “Bottom line is these jails are already over capacity.
“You go to Hudspeth [County] Jail — it’s over capacity, you go to Val Verde County Jail, it’s over capacity. You go to Medina County — these are not even counties that are on the border…they’re 100-plus miles north.”
US immigration officials have not had to deal with the reality of jailing all illegal migrants since 2020.
That’s when President Trump started using Title 42, a then-little known health measure within immigration law which allows the Border Patrol to kick out migrants and immediately return them to Mexico on grounds of protecting US civilians’ health.
It carried no legal consequences, which led to migrants sneaking into the country numerous times.
In the last three years, the Border Patrol used Title 42 to expel about 40% of all migrants who crossed the border illegally, according to US government statistics.
Since Title 42 expired May 11, every migrant who crosses into the US illegally has been subject to Title 8, which takes a longer time to process migrants and leads to deportation, which carries consequences.