Prosecutions for October 2017
Referring Agency: Immigration and Customs in Homeland Security
Table 1. Criminal Prosecutions
The latest available data from the Justice Department show that during October 2017 the government reported 6479 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 up 7.3 percent 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 2017 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was up (3.2%).
Prosecutions over the past year are still much lower than they were five years ago.
Overall, the data show that prosecutions of this type are down 31.5 percent from levels reported in 2012.
The dip 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 decrease in
prosecutions is 20.8 percent instead of 31.5 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 decrease 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 October 2017 was for "Immigration", accounting for 89.1 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (5.1%), "Withheld by Govt from TRAC (FOIA challen" (2.4%).
See Figure 2.
Figure 2. Specific Types of Prosecutions
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In October 2017, 5318 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 October the most frequently cited lead charge was
Title 8 U.S.C Section 1325 involving "Entry of alien at improper time or place; etc.". This was the lead charge
for 57.7 percent of all magistrate filings in October.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (30%).
Prosecutions in U.S. District Courts
In October 2017, 1161 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during October there
were an additional 1516 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 October.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during October 2017 referred 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 "Importation of controlled substances" under Title 21 U.S.C Section 952.
"Importation of controlled substances" under Title 21 U.S.C Section 952 was ranked 4 a year ago, while it was ranked 4 five years ago.
Among these top ten lead charges, the one showing the greatest
increase in prosecutions — up 114.8 percent — compared to one year ago was Title 8 U.S.C Section 1325
that involves " Entry of alien at improper time or place; etc. ".
This was the same statute that had the largest increase — 34.4 % — 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 17.3 percent — was
" Material involving sexual exploitation of minors " (Title 18 U.S.C Section 2252 ).
Compared to five years ago, the most significant decline in prosecutions — 49.3 percent — was
for filings where the lead charge was " Fraud and misuse of visas, permits, and other documents " (Title 18 U.S.C Section 1546 ).
Top Ranked Judicial Districts
In October 2017 the Justice Department said the government brought 994.2 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 District of New Mexico — with 18280 prosecutions as compared with 994.2 prosecutions per ten million population in the United States — was the most active during October 2017.
The District of New Mexico was ranked 3 a year ago, while it was ranked 5 for most frequent use five years ago.
The Southern District of California (San Diego) ranked 2nd.
The Southern District of California (San Diego) was ranked 5 a year ago, while it was ranked 3 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 2 a year ago, while it was ranked 1 for most frequent use five years ago.
Recent entrants to the top 10 list were
North Dakota , now ranked
, and Nevada
In the same order, these districts ranked 23rd and 26th one year ago and 22nd and 23rd five years ago.
The federal judicial district which showed the greatest growth
in the rate of prosecutions compared to one year ago — 212.5 percent — was
Northern District of West Virginia (Wheeling).
This was the same district that had the largest increase — 733.3 percent — when compared with five years ago.
In the last year, the judicial District Court recording the
largest drop in the rate of prosecutions — 19.6 percent — was
New Mexico .
But over the past five years,
showed the largest drop — 21 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 October 2017 are shown in Table 4.
All 11 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capit. (Because of ties, there were a total of 11 judges in the "top ten" rankings.)
Judge Alia M. Moses in the Western District of Texas (San Antonio) ranked 1st with 144 defendants in cases.
Judge Moses appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Judge Kenneth John Gonzales in the District of New Mexico ranked 2nd with 140 defendants in cases.
Judge Gonzales also appeared in the top ten rankings one year ago (ranked 3).
Judge Robert C. Brack in the District of New Mexico ranked 3rd with 113 defendants in cases.
Judge Brack appeared in the top ten rankings one year (ranked 2) and five years ago (rank 2).
Report Generated: November 28, 2017