Unprecedented rise in prosecutions for immigration-related offenses

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The Judicial Update

May 21, 2013

National: A new report from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, found that federal prosecutors have filed more than 50,468 immigration cases in the first six months of this fiscal year, a 9.8 percent increase from last year.[1][2] In a statement accompanying the report, the clearinghouse states, “If this pace continues, more individuals will have faced criminal immigration charges this year—100,936—than at any other time in United States history.”[3]

The pace of prosecution does not indicate an overall increase in net illegal immigration to the U.S. The immigration wave from Mexico—the largest ever from a single country to the United States—came to a standstill in 2012. Net migration from Mexico is now generally considered to have reversed, due to the United States' economic troubles, a rise in deportations, and a sense of persecution among Mexican immigrants.[4] The figures are more likely to indicate some pattern in federal policy within Customs and ICE offices, or the collective decisions of prosecutors. Federal prosecutors have great discretion and leeway in deciding whether to handle an immigration violation within the civil or criminal systems, or whether to bring any charges at all. Many Mexicans found in violation of immigration laws are allowed or assigned “voluntary repatriation” (VR), in which case they are simply bused to the border and released.[2]

As of the current fiscal year, the highest number of these cases are brought in the State of Texas. The federal court in Houston leads the country in immigration prosecutions, at 17,022, followed by the federal court in San Antonio, with 13,279. Arizona, which had the most immigration prosecutions in FY2012, has seen the largest decline of any district in the nation—22 percent—and is now ranked in third place.[1]

Comparatively, in Utah, which is a single federal district, prosecutions have been steadily on the rise. Ten years ago the state was in the fourteenth spot, five years later it was in the eleventh, and currently it is ranked at tenth.[5] The most-frequently cited charges have not changed from 2012, the top three being illegal entry, re-entry after deportation, and harboring aliens. Simple illegal entry charges reflected the highest increase, up 20 percent from last year.[1]

Other judicial districts ranked in the top 10 for immigration prosecutions include the District Court in New Mexico, the Southern, Eastern, and Central Districts of California, the Southern District of Florida, and the Northern District of Texas.[1] Congress is currently debating the passage of a bill to implement comprehensive immigration reform.[6]

See also

Footnotes