Despite promises from U.S. Attorney General Jeff Sessions, officials say an illegal alien who sent a Border Patrol agent to the hospital with a concussion is not being prosecuted for assaulting a federal agent. Agents previously told Breitbart Texas this is one of the contributing factors to Border Patrol agents being the most assaulted federal law enforcement officers.

A U.S. Border Patrol agent received a concussion after being struck in the head by flying metal after an illegal alien plowed through a road sign while allegedly bypassing a checkpoint during a human smuggling run, Breitbart Texas reported on Friday. While the illegal alien from Mexico is being prosecuted for human smuggling, the U.S. Attorney’s Office for the Southern District of California is not yet filing any assault charges in the case, U.S. Customs and Border Protection officials told Breitbart Texas on Thursday.

Breitbart Texas reached out to the U.S. Attorney’s office in San Diego on Thursday afternoon for an explanation about the lack of charges being filed. Media spokeswoman Kelly Thornton told this writer she would look into the matter but no response has been received by Saturday afternoon.

Responding to an inquiry from Breitbart Texas, Border Patrol Agent Brandon Judd, in his capacity as National Border Patrol Council president, said, “Border Patrol Agents put their lives on the line daily to protect our country from those who break our laws and cross our borders illegally. This is just another example of Obama holdovers failing to hold criminals accountable and protect the brave men and women of the US Border Patrol. Border Patrol Agents were optimistic that the Trump Administration would “drain the swamp” of all those in the Federal Government who refuse to do their jobs. This pathetic decision by the US Attorney’s office proves there is obviously a lot of work left to do.”

“If we expect people to obey the rule of law, there must be consequences when laws are broken,” Judd continued. “I can’t state with more emphasis that the failure to prosecute this criminal for attempting to cause serious bodily harm or death to my agent – a civil servant to the citizens of this nation – is despicable and completely unacceptable. The men and women of the US Border Patrol call on Attorney General Jeff Sessions to immediately fire the person who made this decision. We must hold criminals accountable and we must hold the US Attorney’s office accountable for allowing these criminals to escape prosecution for their crimes against the United States. The swamp must be drained.”

Breitbart Texas reported:

Border Patrol agents assigned to a checkpoint in East County observed a man approaching in a 2009 Infinity G35 sedan. The driver initiated a U-turn before the checkpoint and drove the wrong way into oncoming traffic, according to information provided to Breitbart Texas by U.S. Border Patrol officials. The driver suddenly executed another U-turn and sped toward the checkpoint–reaching a speed of nearly 70 miles per hour, officials stated. As the driver approached, he swerved out of the lanes of cars waiting for inspection to bypass the position. In doing so, he struck a steel road sign — parts of which struck a Border Patrol agent working nearby. The debris from the sign injured the agent who had to be hospitalized.

Supervisory Border Patrol Agent Michael J. Scappechio responded to an inquiry from Breitbart Texas on Thursday evening. He said the agent was “transported to the hospital after showing symptoms of a concussion.” Doctors examined the agent and released him later that evening after an evaluation and treatment.

Scappechio confirmed the case is being prosecuted as a human smuggling case. The 27-year-old Mexican national was allegedly transporting two other Mexican nationals who were illegally present in the U.S., according to a statement from U.S. Customs and Border Protection (CBP). The two passengers are being held as material witnesses in the smuggling case, Scappechio said.

“The driver is not being prosecuted for assault on a Federal agent,” Scappechio stated.

In April, AG Sessions spoke to a group of Border Patrol agents and CBP officers in southern Arizona during a border tour, Breitbart Texas reported. During the speech, Sessions said, “In this fight, I am here to tell you, the brave men and women of Customs and Border Protection: we hear you and we have your back.” The U.S. Border Patrol is a subordinate agency under CBP.

Later in his speech, Sessions stated, “Finally, and perhaps most importantly: I have directed that all 94 U.S. Attorneys Offices make the prosecution of assault on a federal law enforcement officer — that’s all of you — a top priority. If someone dares to assault one of our folks in the line of duty, they will do federal time for it.”

Sessions followed up the speech with a memorandum to the U.S. Attorneys Offices across the country. In part, the memo states:

Prosecution to the extent practicable cases of assault, resisting, or impeding officers engaged in the performance of their duties in administrative and criminal immigration enforcement.

As of August 31, the latest statistics available from CBP, 671 Border Patrol agents have been assaulted during Fiscal Year 2017. That fiscal year ended on September 30, but the year-end reports are not yet available. The year-to-date numbers through the end of August represent a 67 percent increase over the previous fiscal year.