"If they have committed a crime longer than seven years ago, it will not be considered – that includes crimes like child pornography, weapons crimes and even terrorism," reports the San Diego station.

U.S. Attorney Carol Lamb mandated the new guidelines in a letter sent to Border Patrol agents late last month. Though's Lamb's office was mum as to when the new policy is supposed to be implemented, border agents working the crossing between San Diego and Tijuana say the new rules went into effect Nov. 1.

Contacted by News 10, Lamb defended the policy, saying her office will handle the prosecutions on a case-by-case basis.

Three weeks after Lamb's policy was made public, Time magazine reported:

"A key al-Qaeda operative seized in Pakistan recently offered an alarming account of the group's potential plans to target the U.S. with weapons of mass destruction . ...

"Sharif al-Masri, an Egyptian who was captured in late August near Pakistan's border with Iran and Afghanistan, has told his interrogators of 'al-Qaeda's interest in moving nuclear materials from Europe to either the U.S. or Mexico.' ...

"Masri also said al-Qaeda has considered plans to 'smuggle nuclear materials to Mexico, then operatives would carry material into the U.S.'"

Last year, about 62 million people crossed into the U.S. through two tightly regulated checkpoints in the San Diego area - the crossings at San Ysidro and Otay Mesa - making it the world's busiest border crossing.

But Border Patrol agents told News 10 that in areas to the east there are many holes in border security. San Diego residents, who fear terrorists could easily take advantage of the security gaps, say that when patrols are on shift changes, illegals by the dozens cross in those lightly secured areas.

Editor's note: