Immigration Prosecutions for July 2007
The latest available data from the Justice Department show that during July 2007 the government reported 2839 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 16.6% over the previous month.
The comparisons of the number of defendants charged with immigration-related offenses 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 2007 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (10.2 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 123.9 percent from levels reported in 2002.
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 immigration prosecutions is 14.1 percent instead of 123.9 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.
The increase from the levels five years ago in immigration prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of immigration prosecutions of this type recorded on a month-to-month basis. 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. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.
Virtually all federal criminal prosecutions for immigration offenses in July 2007 (98 percent) were referred by the Department of Homeland Security (DHS). The two lead investigative agencies in DHS are Customs and Border Protection (CBP) whose border patrol agencies guard the county's borders, and Immigration and Customs Enforcement (ICE), responsible for conducting most immigration criminal investigations under the immigration laws. See Figure 2.
Immigration Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2007, 77 percent of immigration cases for these matters took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in July the most frequently cited lead charge was Title 8 U.S.C Section 1326 involving the "Reentry of deported alien". This was the lead charge for 47.4 percent of all magistrate filings in July.
Other frequently prosecuted lead charges include: "8 USC 1325 - Entry of alien at improper time or place; etc." (34.6%), "8 USC 1324 - Bringing in and harboring certain aliens" (11%).
Immigration Prosecutions in U.S. District Courts
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of immigration matters filed in U.S. District Court during July 2007.
Lead Charge Count Rank 1yr ago 5yrs ago 8 USC 1326 - Reentry of deported alien 382 1 1 1 More 8 USC 1324 - Bringing in and harboring certain aliens 113 2 2 2 More 8 USC 1325 - Entry of alien at improper time or place; etc. 44 3 3 3 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 44 3 4 4 More 18 USC 1028 - Fraud and related activity - id documents 17 5 5 7 More 18 USC 911 - False personification - Citizen of the US 11 6 6 6 More 42 USC 408 - Fed Old Age, Survivors + Disab Insur -Penalties 10 7 11 11 More 18 USC 1542 - False statement in application and use of passport 7 8 8 8 More 18 USC 371 - Conspiracy to commit offense or to defraud US 6 9 10 9 More 18 USC 1543 - Forgery or false use of passport 5 10 7 10 More
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 the 1 most frequently invoked 5 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 the 2 most frequently invoked 5 years ago..
Ranked 3rd were "Entry of alien at improper time or place; etc." under Title 8 U.S.C Section 1325 and "Fraud and misuse of visas, permits, and other documents" under Title 18 U.S.C Section 1546. "Entry of alien at improper time or place; etc." under Title 8 U.S.C Section 1325 was ranked 3 a year ago, while it was the 3 most frequently invoked 5 years ago.."Fraud and misuse of visas, permits, and other documents" under Title 18 U.S.C Section 1546 w as ranked 4 a year ago, while it was the 4 most frequently invoked 5 years ago..
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 68.4 percent—compared to one year ago was Title 42 U.S.C Section 408 that involves " Fed Old Age, Survivors + Disab Insur -Penalties ". Compared to five years ago, the largest increase—122 percent—was registered for prosecutions under " False statement in application and use of passport " (Title 18 U.S.C Section 1542 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 33.3 percent—was Forgery or false use of passport (Title 18 U.S.C Section 1543 ). Compared to five years ago, the most significant decline in prosecutions— 43.5 percent—was for filings where the lead charge was " Entry of alien at improper time or place; etc. " (Title 8 U.S.C Section 1325 ).
Top Ranked Judicial Districts
Understandably, there is great variation in the number of immigration prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of prosecutions of this type last month are shown in Table 3.
The Southern District of Texas (Houston)—with 114 prosecutions—was the most active during July 2007. The Southern District of Texas (Houston) was ranked 1 a year ago, while it was ranked 1 five years ago.
The Western District of Texas (San Antonio) ranked 2nd. The Western District of Texas (San Antonio) was ranked 2 a year ago, while it was ranked 4 five years ago.
Southern District of California (San Diego) is now ranking 3rd. The Southern District of California (San Diego) was ranked 4 a year ago, while it was ranked 3 five years ago.
Recent entrants to the top 10 list were Southern District of New York (Manhattan), now ranked 8th , and South Carolina at 8th In the same order, these districts ranked 23rd and 30th one year ago and 17th and 50th five years ago.
The federal judicial district which showed the greatest growth in immigration prosecutions compared to one year ago— 137.2 percent—was South Carolina . This was the same district that had the largest increase— 684.6 %—when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in immigration prosecutions— 23.8 percent—was Utah . But over the past five years, Southern District of New York (Manhattan) showed the largest drop— 23.5 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 immigration crime cases of this type during July 2007 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Brack, Robert C. N Mexico 26 1 1 - More Hanen, Andrew S. Texas, S 18 2 5 45 More Hinojosa, Ricardo H. Texas, S 16 3 7 11 More Crane, Randy Texas, S 16 3 6 14 More Briones, David Texas, W 16 3 10 5 More Cardone, Kathleen Texas, W 16 3 9 434 More Montalvo, Frank Texas, W 16 3 8 338 More Tagle, Hilda G. Texas, S 13 8 4 6 More Martinez, Philip Ray Texas, W 12 9 11 7 More Kazen, George P. Texas, S 11 10 2 3 More
Table 4: Top 10 judges
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of immigration filings .
Judge Robert C. Brack in the District of New Mexico ranked 1st with 26 defendants in immigration cases. Judge Brackalso appeared in the top ten rankings one year ago(ranked 1).
Judge Andrew S. Hanen in the Southern District of Texas (Houston) ranked 2nd with 18 defendants in immigration cases. Judge Hanenalso appeared in the top ten rankings one year ago(ranked 5).
Judges Ricardo H. Hinojosa in the Southern District of Texas (Houston), Randy Crane in the Southern District of Texas (Houston), David Briones in the Western District of Texas (San Antonio), Kathleen Cardone in the Western District of Texas (San Antonio) and Fran k Montalvo in the Western District of Texas (San Antonio) ranked 3rd with 16 defendants in immigration cases. Judge Hinojosaalso appeared in the top ten rankings one year ago(ranked 7).Judge Cranealso appeared in the top ten rankings one year ago(ranked 6).Judge Briones appeared in the top ten rankings one year (ranked 10) and five years ago (rank 5).Judge Cardone also appeared in the top ten rankings one year ago(ranked 9).Judge Montalvoalso appeared in the top ten rankings one year ago(ranked 8).
