Illegal entry stopped at U.S. border (Photo: IllegalAliens.us)

It generally takes six arrests before U.S. prosecutors are willing to bring criminal charges against illegal immigrants caught crossing the border, according to documents released in the controversy about eight fired U.S. attorneys.

The prosecution guidelines were disclosed in a heavily redacted Department of Justice memo from late 2005, the Houston Chronicle reported.

The paper said DOJ officials declined to say yesterday whether the department had made any changes since the memo was written, citing "law enforcement reasons."

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T.J. Bonner, president of the National Border Patrol Council, told the Chronicle border agents are frustrated with the prosecution guidelines, noting smugglers have figured out the criteria by trial and error.

"It's devastating on morale," Bonner said. "Our agents are risking their lives out there, and then they're told, 'Sorry, that doesn't meet the criteria.'"

The memo said the federal court and detention system lacks the resources to prosecute every illegal entry. The Border Patrol makes about 1 million arrests annually, and the DOJ must prioritize the most serious offense and repeated offenders, the memo states.

The memo was a response to DOJ inquiries at five U.S. attorney offices across the southern border, Houston, San Antonio, San Diego, Phoenix and Albuquerque, the Chronicle reported.

DOJ spokesman Brian Roehrkasse issued a statement, the Houston paper said, saying the agency sent 30 prosecutors to districts along the Southwest border last year, permitting them "to adjust their guidelines and take in more cases."

Thousands of pages of e-mails, memos, reports and testimony have been posted on the website of the House Judiciary Committee in connection to the inquiry over the Bush administration's firing of eight U.S. attorneys.

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