Criminal Prosecutions for Illegal Border Crossers Jump Sharply in April

Federal criminal prosecutions of individuals apprehended by Customs and Border Protection (CBP) along the southwest border with Mexico jumped 30 percent in April 2018 over March figures. Since January, criminal prosecutions were up 60 percent, rising from 5,191 in January to 8,298 in April. This increase followed rising border apprehensions and Attorney General Jeff Sessions' April 6, 2018 announcement of a "zero-tolerance policy" for illegal entry and re-entry. The Attorney General urged all U.S. Attorney's Offices along the Southwest Border to escalate efforts "to prosecute those who choose to illegally cross over our border."

Southwest border apprehensions still dwarf the number of criminal prosecutions. In April 2018 preliminary estimates indicate that criminal prosecutions totaled 22 percent of Border Patrol apprehensions that month, up slightly from 20 percent of BP apprehensions in January 2018[1]. See Figure 1.


Figure 1. CBP Border Patrol Apprehensions Prosecuted
(Click for larger image)

Prosecution counts are based upon government case-by-case records on each prosecution referred by CBP[2]. The data was analyzed by the Transactional Records Access Clearinghouse at Syracuse University, and obtained as the result of successful litigation brought by TRAC's co-directors under the Freedom of Information Act. Since this is only the first month after Attorney General Sessions' announcement, prosecution numbers could well continue to build as the policy is more fully implemented.

Zero-Tolerance Policies Under Previous Administrations

Sessions' recent announcement was not the first time the federal government has implemented a "zero- tolerance" policy. President George Bush initiated Operation Streamline in December 2005. It announced "zero tolerance" for illegal entry across specific segments of the U.S.-Mexico border.

Operation Streamline called for federal criminal charges to be brought for every person who crossed the border illegally in these sectors. This continued to be the official policy under President Obama. Operation Streamline, plus the expanding number of border patrol agents, resulted in a deluge of criminal prosecutions for illegal entry and illegal re-entry that flooded federal courts situated along the southwest border with Mexico. See June 2008 TRAC report documenting the early impact of Operation Streamline. Prosecutions of CBP referrals over the decade since these earlier initiatives are shown in Figure 2.


Figure 2. Southwest Border Criminal Prosecutions Referred by Customs and Border Protection, April 2007 - April 2018
(Click for larger image)

Given past "zero-tolerance" policies, criminal prosecutions under President Trump are still significantly below peak levels of criminal prosecutions during the administrations of President Bush and President Obama. However, as mentioned earlier, this is only the first month after Attorney General Sessions' announcement and it may take time to fully implement his policies.

Where Along the Southwest Border Are Prosecutions Concentrated?

Criminal prosecutions of referrals from Customs and Border Protection increased in April in all five federal judicial districts along the southwest border, although by varying amounts. See Figure 3 and Table 1.

Prosecutions were highest in the Western District of Texas. In April 2018 Texas West prosecuted 2,767 individuals referred by the CBP. This is more than twice the level of prosecutions (1,357) than had occurred in January.


Figure 3. Criminal Prosecutions in SW Border Districts Referred by CBP, April 2007 - April 2018
(Click for larger image)

The Southern District of Texas had the second highest number of prosecutions in April (1,959) but its increase was more modest (38%). Arizona had the third highest number of prosecutions in April (1,671), but its increase was just 18 percent over January levels. Arizona's growth rate of 18 percent was the smallest among the five border districts, while New Mexico with a jump of 110 percent experienced the highest increase. See Table 1.

Year and Month Total SW Border Arizona Cal, S. N. Mexico Texas, S Texas, W.
2007-04 2,692 938 449 128 980 197
2007-05 2,765 1,115 334 164 991 161
2007-06 2,769 979 247 165 1,202 176
2007-07 2,181 658 328 174 811 210
2007-08 2,813 658 414 216 1,224 301
2007-09 3,422 575 406 209 1,810 422
2007-10 3,119 589 228 137 1,839 326
2007-11 2,351 402 307 156 1,319 167
2007-12 2,944 422 345 107 1,342 728
2008-01 3,014 965 332 131 990 596
2008-02 5,343 1,241 422 146 1,052 2,482
2008-03 7,169 1,571 577 556 1,232 3,233
2008-04 6,844 1,796 398 815 1,287 2,548
2008-05 6,977 1,657 407 824 2,512 1,577
2008-06 7,500 1,644 567 820 3,038 1,431
2008-07 6,900 1,639 371 604 2,395 1,891
2008-08 5,108 1,248 356 416 1,755 1,333
2008-09 9,893 1,667 648 733 5,024 1,821
2008-10 7,611 1,757 266 438 4,058 1,092
2008-11 5,667 1,413 208 387 2,728 931
2008-12 5,234 1,483 382 313 2,154 902
2009-01 5,685 1,638 281 391 1,772 1,603
2009-02 5,683 1,763 251 423 1,497 1,749
2009-03 7,044 1,974 360 578 2,078 2,054
2009-04 6,565 1,857 357 553 2,317 1,481
2009-05 5,599 1,736 201 515 1,841 1,306
2009-06 7,482 2,152 274 508 3,266 1,282
2009-07 7,110 2,205 245 529 3,064 1,067
2009-08 6,582 1,833 292 620 2,785 1,052
2009-09 7,346 2,190 559 643 2,545 1,409
2009-10 5,767 2,035 235 396 2,213 888
2009-11 5,221 2,341 262 325 1,709 584
2009-12 5,454 1,616 273 303 1,929 1,333
2010-01 4,535 1,761 253 359 1,283 879
2010-02 5,149 1,703 357 408 1,518 1,163
2010-03 6,798 2,502 315 603 1,761 1,617
2010-04 7,691 2,465 387 709 2,269 1,861
2010-05 7,451 2,756 316 608 2,308 1,463
2010-06 6,784 2,869 312 433 1,953 1,217
2010-07 5,476 2,762 276 283 1,166 989
2010-08 5,616 2,652 351 319 1,427 867
2010-09 6,714 2,075 879 309 2,428 1,023
2010-10 5,021 1,992 250 275 1,541 963
2010-11 5,012 1,962 290 271 1,632 857
2010-12 4,295 1,901 253 188 1,235 718
2011-01 4,187 1,653 221 242 1,539 532
2011-02 5,037 1,873 275 320 1,635 934
2011-03 6,592 2,623 240 632 2,169 928
2011-04 7,585 2,840 304 618 2,140 1,683
2011-05 6,664 2,620 320 499 1,901 1,324
2011-06 6,773 2,692 391 372 1,964 1,354
2011-07 5,401 1,813 426 318 1,588 1,256
2011-08 6,258 2,236 435 310 2,115 1,162
2011-09 6,390 1,869 689 302 2,293 1,237
2011-10 6,210 2,504 315 246 1,788 1,357
2011-11 5,358 2,259 324 188 1,768 819
2011-12 4,817 1,813 247 178 1,448 1,131
2012-01 5,867 2,504 226 251 1,667 1,219
2012-02 6,041 2,393 247 351 1,832 1,218
2012-03 6,532 2,236 290 448 1,953 1,605
2012-04 7,772 2,978 248 411 2,265 1,870
2012-05 8,527 2,786 354 339 2,331 2,717
2012-06 7,356 3,683 288 420 1,940 1,025
2012-07 7,751 2,952 336 328 2,304 1,831
2012-08 7,296 1,905 335 487 3,081 1,488
2012-09 7,159 2,210 487 497 2,886 1,079
2012-10 6,169 2,317 267 516 2,346 723
2012-11 7,232 2,111 280 412 2,193 2,236
2012-12 9,268 1,911 263 341 3,402 3,351
2013-01 7,760 2,152 227 384 2,715 2,282
2013-02 6,143 1,794 230 519 1,761 1,839
2013-03 7,890 1,867 226 581 3,219 1,997
2013-04 8,228 2,323 232 620 2,838 2,215
2013-05 8,083 1,542 268 737 3,298 2,238
2013-06 6,636 2,214 213 525 2,302 1,382
2013-07 6,705 2,189 233 502 1,900 1,881
2013-08 6,440 2,165 239 466 2,193 1,377
2013-09 6,454 2,053 385 503 1,919 1,594
2013-10 5,826 2,209 222 261 1,990 1,144
2013-11 5,529 1,911 210 238 1,795 1,375
2013-12 5,356 2,335 262 224 1,421 1,114
2014-01 4,959 2,309 215 192 1,069 1,174
2014-02 5,434 2,195 202 264 1,395 1,378
2014-03 5,810 2,178 239 292 1,404 1,697
2014-04 7,398 2,462 331 356 2,346 1,903
2014-05 7,070 2,598 263 318 2,235 1,656
2014-06 6,543 2,121 303 325 1,932 1,862
2014-07 8,091 1,729 215 321 4,500 1,326
2014-08 7,590 1,919 242 280 4,137 1,012
2014-09 8,857 2,455 502 441 3,967 1,492
2014-10 6,254 2,315 251 279 2,247 1,162
2014-11 4,705 1,755 228 254 1,507 961
2014-12 5,717 2,027 201 291 2,218 980
2015-01 4,514 1,669 224 247 1,748 626
2015-02 5,344 1,739 231 248 1,901 1,225
2015-03 6,398 2,012 295 372 2,655 1,064
2015-04 6,300 1,715 229 406 2,114 1,836
2015-05 5,782 1,658 252 285 1,948 1,639
2015-06 5,887 1,344 240 350 2,360 1,593
2015-07 5,370 1,214 229 385 2,140 1,402
2015-08 5,191 1,451 205 322 1,932 1,281
2015-09 6,286 1,465 279 471 2,526 1,545
2015-10 5,206 1,429 184 314 2,039 1,240
2015-11 4,454 967 147 322 1,863 1,155
2015-12 5,849 1,083 169 370 2,438 1,789
2016-01 4,816 1,221 147 271 2,057 1,120
2016-02 5,118 1,366 185 321 2,269 977
2016-03 6,608 1,366 234 429 2,532 2,047
2016-04 6,170 1,614 180 444 2,254 1,678
2016-05 6,010 1,365 209 588 2,099 1,749
2016-06 5,275 1,242 274 379 1,367 2,013
2016-07 4,028 1,168 252 207 1,014 1,387
2016-08 4,588 1,151 287 280 1,312 1,558
2016-09 5,028 1,189 415 402 1,608 1,414
2016-10 4,156 1,119 224 229 1,230 1,354
2016-11 4,700 1,366 207 246 1,123 1,758
2016-12 4,396 989 225 229 1,069 1,884
2017-01 4,013 1,250 228 219 1,078 1,238
2017-02 3,773 1,056 230 241 1,070 1,176
2017-03 3,849 1,161 267 214 1,160 1,047
2017-04 3,150 863 207 210 972 898
2017-05 3,807 1,311 257 305 1,205 729
2017-06 4,728 1,702 308 496 1,164 1,058
2017-07 4,467 1,472 287 564 1,300 844
2017-08 5,076 1,610 389 663 1,277 1,137
2017-09 5,577 1,489 627 766 1,191 1,504
2017-10 5,077 1,451 354 748 1,321 1,203
2017-11 4,320 1,257 354 610 780 1,319
2017-12 4,279 1,226 378 487 939 1,249
2018-01 5,191 1,422 432 563 1,417 1,357
2018-02 4,937 1,111 472 586 1,478 1,290
2018-03 6,368 1,443 541 844 1,905 1,635
2018-04 8,298 1,671 720 1,181 1,959 2,767
             
Apr vs Mar '18 30% 16% 33% 40% 3% 69%
Apr vs Jan '18 60% 18% 67% 110% 38% 104%

Federal prosecutors also reported prosecutions within districts by the specific border community where they were stationed. Trends in each of these specific border areas within the five districts along the southwest border are shown in Table 2.

In April, among these border areas, prosecutions from CBP referrals were the highest in Tucson, Arizona. A total of 1,392 individuals were prosecuted in April there. This was only modestly higher than the 1,065 prosecuted in January 2018, and much below its previous monthly high of 2,541 prosecutions back in April of 2012.

Las Cruces, New Mexico had the second highest number of prosecutions, doubling from 537 in January to 1,095 in April. According to federal prosecutor records, in April prosecutions reached an all-time high for that area.

In third place was Del Rio, Texas, with 1,024 prosecutions of CBP referrals in April, up from 584 in January. Although prosecutions almost doubled, levels were still far below prosecution numbers from previous periods.

El Paso, Texas; McAllen, Texas; Pecos/Alpine, Texas; and Laredo, Texas also prosecuted large numbers of CBP referrals during April, each numbered between 750 and 900. The Pecos/Alpine area in West Texas actually experienced the sharpest jump of any border area, up from a mere 55 prosecutions in January to 805 in April. In contrast, April numbers in McAllen, Texas, were actually down 22 percent from those in March.

Federal prosecutors based in the San Diego area also prosecuted an apparent record all-time high of 589 individuals during the last decade for that location.

Table 2. Criminal Prosecutions of CBP Referrals, January 2018 - April 2018
Federal District* Total Jan 2018 Feb 2018 Mar 2018 Apr 2018
Southwest Border 24,794 5,191 4,937 6,368 8,298
Arizona
Phoenix 511 97 94 157 163
Tucson 4,495 1,065 896 1,142 1,392
Yuma 649 262 123 145 119
California, S
El Centro 575 115 166 166 128
San Diego 1,582 315 304 374 589
New Mexico
Albuquerque 182 26 31 39 86
Las Cruces 2,992 537 555 805 1,095
Texas, S
Brownsville 646 159 124 140 223
Corpus Christi 336 75 52 80 129
Houston 5 1 3 0 1
Laredo 3,025 552 741 971 761
McAllen 2,736 625 557 713 841
Victoria 11 5 1 1 4
Texas, W
Austin 84 12 15 13 44
Del Rio 3,115 584 570 937 1,024
El Paso 2,751 706 596 555 894
Midland 3 0 1 2 0
Pecos/Alpine 1,096 55 108 128 805
* Within federal districts, border communities are where federal prosecutor was based.

Three border areas reported each prosecuting over 100,000 individuals who had been referred by CBP over the last decade. These three were Tucson, Arizona; Laredo, Texas; and Del Rio, Texas. While each of these also recorded increasing prosecutions in April 2018, the latest month's numbers were well below levels recorded in the past. Thus, the recent large jump in border prosecutions should be kept in perspective. April numbers even for border areas that historically have experienced particularly high CBP referred prosecution levels are still significantly lower than peak periods from the past. See Figure 4.


Figure 4. Criminal Prosecutions of Referrals from CBP in Peak Volume Border Communities, April 2007 - April 2018
(Click for larger image)

Footnotes

[1] Southwest Border Patrol arrests totaled 38,234 in April, only slightly more than the 37,383 individuals apprehended in March. This is up from the 25,978 apprehensions during January. Apprehension numbers include children, whether traveling by themselves or in family groups - perhaps roughly a quarter of recent Border Patrol apprehensions. The "zero-tolerance" policy may not be interpreted to apply to them. If children are excluded, then prosecutions represented perhaps 29 percent of BP arrests. Adding to the difficulty of estimating how many the zero-tolerance policy applies to, many individuals are also taken into custody at ports of entry. A number of these sought to enter illegally through forged papers, or by some other pretext. Once ports of entry apprehensions are added, total CBP southwest border apprehensions totaled 50,924 in April, 50,296 in March, 36,682 in February, and 35,817 in January. However, undoubtedly many of these arrested at ports of entry were seeking asylum and thus may not have been subject to criminal prosecution. To be conservative, all arrests at ports of entry were excluded in calculating the proportion prosecuted. Had all CBP arrests been counted, criminal prosecutions in April 2018 would have represented 16 percent rather than 22 percent.

[2] Figures also included illegal entry and illegal re-entry referrals that federal prosecutors recorded as coming from U.S. Citizenship and Immigration Services since actual apprehensions appear to have been by CBP.

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.