That was the question Justice Antonin Scalia posed in his partial concurrence in Arizona v. U.S. in 2012, when there were 357,000 apprehensions at our southern border. With four months left in this fiscal year, there have already been 900,000 apprehensions, with the numbers from the past three months nearly tying the all-time record.
But the situation at the border is even worse than those numbers suggest. The number of gotaways, which are usually the worst criminals, is higher than ever. Also, this comes at a time when Border Patrol and border infrastructure are much larger and more robust than they were during the greatest previous waves of illegal immigration 20 years ago, which makes the lack of deterrent behind those numbers all the more remarkable.
The reason why things are worse than ever despite more agents on the ground is because our Border Patrol is now being used to actively work with the cartel smugglers. Todd Bensman of the Center for Immigration Studies reports that CBP has prohibited agents from catching the smuggler who steers the rafts across the Rio Grande River.