[quote=spdrun]Crossing the border illegally is a misdemeanor. It’s very common for people accused of misdemeanors (or even low-grade felonies) to be booked then released on their own recognizance. Separation of parents and children is a deliberate policy choice, NOT one required by law.[/quote]
True, however there is also the problem of Failure To Appear. The ROR has been abused by migrants.
NOTE: To overstay a visa is actually a ‘Civil Infraction’, ie parking ticket. To enter illegally is a misdemeanor. Unlawful re-entry can rise to a felony and be a federal crime – depending. 8 USC 1325 – illegal entry – penalties of fine($50 to $250) and/or imprisoned for up to 6 months – repeats the fine can be doubled and/or imprisoned up to 2 years. There is also additional under 8 USC 1182.
Many of those entering also commit identity theft – obtaining fraudulent Social Security IDs.