LOL!
That's almost a direct quote from Barack Obama’s Executive Order creating DACA.
Bottom Line - in border jumping cases, the prosecution and immigration judge automatically agree to dismiss the “criminal” charge if the defendant agrees to pay the civil penalty.
By the way, my favorite federal law is 8 U.S.C. §1182(f):
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
And my second favorite federal law is some place in IRCA 1986, which - along with court tested agency regulations and Executive Orders - gives Trump the authority to enforce Universal E-Verify.
Problem is - Trump will never seriously try to enforce those statutes.
...Bottom Line - in border jumping cases, the prosecution and immigration judge automatically agree to dismiss the “criminal” charge if the defendant agrees to pay the civil penalty....
see voluntary return, expedited removal, and deportation.
if an immigration officer or border patrol agent wants an illegal criminally prosecuted for some reason, they can “walk” the case to the prosecutions unit which presents the cases to the US Attorney. I recall some brilliant defense attorney wanted all the 1325 cases to fight the criminal charges and had them talked into pleading not guilty. They were sitting in court when the first case went to the judge who sentenced him to time served (already in custody) the rest jumped at the chance to get returned immediately instead of sitting in jail for who knows how long waiting for trial,and all pled guilty. the defense got his bright idea shoved where the sun don’t shine.