In testimony at his confirmation hearing, the Biden Administration’s nominee for attorney general, Merrick Garland, stated that he wasn’t sure whether illegal immigration should remain a crime or whether he would prosecute illegal border crossings. Garland revealed these views under questioning from Sen. Josh Hawley (R-MO):
HAWLEY: Do you believe that illegal entry at America’s borders should remain a crime?
GARLAND: Well, I haven’t thought about that question. I just haven’t thought about that question. I think the president has made clear that we are a country with borders, with a concern about national security. I don’t know of a proposal to decriminalize but still make it unlawful to enter. I just don’t know the answer to that question. I haven’t thought about it.
HAWLEY: Will you continue to prosecute unlawful border crossings?
GARLAND: Well, again, this is a question of allocation of resources. We will … the Department will … prevent unlawful crossing. I don’t know . . . I have to admit, I just don’t know … what exactly the conditions are and how this is done. I think if . . . I don’t know what the current program even is with respect to this . . . so I assume that the answer would be yes but I don’t know what the issues surround it are.
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