Prosecutions for January 2013
Referring Agency: Immigration and Customs in Homeland Security
Table 1: Criminal Prosecutions
The latest available data from the Justice Department show that during January 2013 the government reported 9338 new prosecutions for these matters. Those cases were referred by the Immigration and Customs in Homeland Security.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 12.9% over the previous month.
The comparisons of the number of defendants charged are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)
When monthly 2013 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was up (22.3 percent).
Prosecutions over the past year are still much higher than they were five years ago.
Overall, the data show that prosecutions of this type are up 115.3 percent from levels reported in 2008.
The substantial growth in
these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases
are excluded and only Federal District Court cases are counted, the overall increase in
prosecutions is 9.5 percent instead of 115.3 percent.
The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases
by the Justice Department.
Figure 1: Monthly trends in prosecutions
The increase from the levels five years ago in prosecutions for these matters is shown more clearly in Figure 1.
The vertical bars in Figure 1
represent the number of prosecutions of this type recorded on a month-to-month
basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court,
the magistrate filing date was used since this provides an earlier indicator of actual trends.
The superimposed line on the bars plots the six-month moving average so
that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average.
Cases were classified by prosecutors into more specific types.
The largest number of prosecutions of these matters in January 2013 was for "Immigration", accounting for 89.9 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (6.3%).
See Figure 2.
Figure 2: Specific types of prosecutions
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In January 2013, 8084 defendants
in cases for these matters were
filed in U.S. Magistrate Courts. These courts handle less serious
misdemeanor cases, including what are called "petty offenses." In
addition, complaints are sometimes filed in the magistrate courts before
an indictment or information is entered. In these cases, the matter
starts in the magistrate courts and later moves to the district court
where subsequent proceedings take place.
In the magistrate courts in January the most frequently cited lead charge was
Title 8 U.S.C Section 1325 involving the "Entry of alien at improper time or place; etc.". This was the lead charge
for 62.4 percent of all magistrate filings in January.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (27.7%).
Prosecutions in U.S. District Courts
In January 2013, 1254 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during January there
were an additional 1443 defendants whose cases moved from the magistrate
courts to the U.S. district courts after an indictment or information
was filed. The sections which follow cover both sets of cases and
therefore cover all matters filed in district court during January.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during January 2013referred by the Immigration and Customs in Homeland Security.
Table 2: Top charges filed
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was the most frequent recorded lead charge.
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was ranked 1 a year ago, while it was ranked 1 five years ago.
Ranked 2nd in frequency was the lead charge "Bringing in and harboring certain aliens" under Title 8 U.S.C Section 1324.
"Bringing in and harboring certain aliens" under Title 8 U.S.C Section 1324 was ranked 2 a year ago, while it was ranked 2 five years ago.
Ranked 3rd was "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841.
"Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 was ranked 3 a year ago, while it was ranked 3 five years ago.
Among these top ten lead charges, the one showing the greatest
increase in prosecutions—up 39.8 percent—compared to one year ago was Title 18 U.S.C Section 1544
that involves " Misuse of passport
This was the same statute that had the largest increase—645.8 %—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest
decline in prosecutions compared to one year ago—down 39.7 percent—was
Attempt and conspiracy
(Title 21 U.S.C Section 846 ).
Compared to five years ago, the most significant decline in prosecutions— 22.9 percent—was
for filings where the lead charge was " Bringing in and harboring certain aliens
" (Title 8 U.S.C Section 1324
Top Ranked Judicial Districts
In January 2013 the Justice Department said the government brought 1054.2 prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the
largest number of prosecutions per capita for these matters last month are shown in Table 3.
Districts must have at least 5 prosecutions to receive a ranking.
Table 3: Top 10 districts (per ten million people)
The Southern District of California (San Diego)—with 15314 prosecutions as compared with 1054.2 prosecutions per ten million population in the United States—was the most active during January 2013.
The Southern District of California (San Diego) was ranked 2 a year ago, while it was ranked 3 for most frequent use five years ago.
The District of New Mexico ranked 2nd.
The District of New Mexico was ranked 5 a year ago, while it was ranked 5 for most frequent use five years ago.
Western District of Texas (San Antonio) is now ranking 3rd.
The Western District of Texas (San Antonio) was ranked 3 a year ago, while it was ranked 2 for most frequent use five years ago.
Recent entrants to the top 10 list were
Nebraska , now ranked
, and North Dakota
In the same order, these districts ranked 23rd and 26th one year ago and 44th and 46th five years ago.
The federal judicial district which showed the greatest growth
in the rate of prosecutions compared to one year ago— 192.5 percent—was
Compared to five years ago, the district with the largest growth— 166.7 percent—was
In the last year, the judicial District Court recording the
largest drop in the rate of prosecutions— 40.7 percent—was
But over the past five years,
showed the largest drop— 10.6 percent.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new crime cases of this type during January 2013 are shown in Table 4.
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita.
Judge Robert C. Brack in the District of New Mexico ranked 1st with 93 defendants in cases.
Judge Andrew S. Hanen in the Southern District of Texas (Houston) ranked 2nd with 67 defendants in cases.
Judge Alia Moses in the Western District of Texas (San Antonio) ranked 3rd with 63 defendants in cases.
Judge Mosesalso appeared in the top ten rankings one year ago(ranked 1).
Report Generated: March 5, 2013