Frustrated over sanctuary city laws, U.S. Border Patrol agents are getting fed up by the fact that the illegal alien felons they hand over to local authorities are just being released into the public instead of being returned to immigration authorities.

Now testimony by one chief border agent in the San Diego area indicates that in multiple instances, border agents are making the decision to just not hand over criminal aliens to local law officials at all.

The Daily Caller reported: Rodney Scott, the chief patrol agent in the Border Patrol’s San Diego Sector, said earlier this month that California’s statewide sanctuary law was undermining normal cooperation between his agency and local law enforcement.

In a little-reported declaration in support of the Department of Justice’s March 6 lawsuit against California, Scott recalled multiple instances in which a Border Patrol agent in the San Diego sector determined that releasing a criminal alien to a local law enforcement would likely result in the person being released without notification to federal authorities.

“In each instance, the Border Patrol Agent determined it was not appropriate, consistent with his or her federal responsibilities to ensure the enforcement of immigration law, to release a criminal alien to the state and local law enforcement,” Scott said in a court declaration. “This was because, although the alien was subject to removal, if released to California law enforcement, the alien would ultimately be released into the public.”

In his declaration, Scott said Border Patrol has worked in cooperation with state and local law enforcement partners, routinely allowing them to take custody of illegal aliens so they may be prosecuted for any pending state of local charges – but said they are only turning them over temporarily, with the expectation that the alien will be returned to immigration custody once the legal issues have been resolved.

He noted, however, that now California’s sanctuary laws are prohibiting state and local officials from honoring immigration detainers or hold requests – even in the most serious offenses.

“Releasing aliens who have entered the country unlawfully and who are also wanted in connection with crimes is inconsistent with the Border Patrol’s mission. It poses a serious risk of permitting the alien to avoid removal proceedings,” Scott wrote.

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