Immigration Prosecutions for May 2007
The latest available data from the Justice Department show that during May 2007 the government reported 3731 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 1.7% 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 (11.1 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 143.6 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 15.8 percent instead of 143.6 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.
Virtually all federal criminal prosecutions for immigration offenses in May 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 May 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 May 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 44.7 percent of all magistrate filings in May.
Other frequently prosecuted lead charges include: "8 USC 1325 - Entry of alien at improper time or place; etc." (39.1%), "8 USC 1324 - Bringing in and harboring certain aliens" (8.9%).
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 May 2007.
Lead Charge Count Rank 1yr ago 5yrs ago 8 USC 1326 - Reentry of deported alien 488 1 1 1 More 8 USC 1324 - Bringing in and harboring certain aliens 176 2 2 2 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 81 3 4 4 More 8 USC 1325 - Entry of alien at improper time or place; etc. 39 4 3 3 More 18 USC 1542 - False statement in application and use of passport 17 5 8 8 More 18 USC 1028 - Fraud and related activity - id documents 14 6 5 7 More 18 USC 911 - False personification - Citizen of the US 10 7 6 6 More 42 USC 408 - Fed Old Age, Survivors + Disab Insur -Penalties 9 8 11 11 More 18 USC 922 - Firearms; Unlawful acts 4 9 13 12 More 18 USC 1543 - Forgery or false use of passport 4 9 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 was "Fraud and misuse of visas, permits, and other documents" under Title 18 U.S.C Section 1546. "Fraud and misuse of visas, permits, and other documents" under Title 18 U.S.C Section 1546 was 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 223.1 percent—compared to one year ago was Title 18 U.S.C Section 922 that involves " Firearms; Unlawful acts ". This was the same statute that had the largest increase—133.3 %—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 34.7 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— 57.6 percent—was for filings where the lead charge was " Fed Old Age, Survivors + Disab Insur -Penalties " (Title 42 U.S.C Section 408 ).
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 168 prosecutions—was the most active during May 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 5 a year ago, while it was ranked 2 five years ago.
Recent entrants to the top 10 list were Southern District of Iowa (Des Moines), now ranked 6th , and Central District of Illinois (Springfield) at 9th In the same order, these districts ranked 41st and 42nd one year ago and 23rd and 38th five years ago.
The federal judicial district which showed the greatest growth in immigration prosecutions compared to one year ago— 220.8 percent—was Southern District of Iowa (Des Moines). This was the same district that had the largest increase— 79.1 %—when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in immigration prosecutions— 33 percent—was New Mexico . But over the past five years, Utah showed the largest drop— 18.3 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 May 2007 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Tagle, Hilda G. Texas, S 36 1 4 6 More Hanen, Andrew S. Texas, S 32 2 5 - More Brack, Robert C. N Mexico 24 3 1 - More Kazen, George P. Texas, S 24 3 2 3 More Alvarez, Micaela Texas, S 17 5 3 - More Martinez, Philip Ray Texas, W 17 5 11 13 More Hinojosa, Ricardo H. Texas, S 16 7 8 12 More Crane, Randy Texas, S 16 7 6 25 More Briones, David Texas, W 13 9 10 5 More Montalvo, Frank Texas, W 13 9 7 407 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 Hilda G. Tagle in the Southern District of Texas (Houston) ranked 1st with 36 defendants in immigration cases. Judge Tagle appeared in the top ten rankings one year (ranked 4) and five years ago (rank 6).
Judge Andrew S. Hanen in the Southern District of Texas (Houston) ranked 2nd with 32 defendants in immigration cases. Judge Hanenalso appeared in the top ten rankings one year ago(ranked 5).
Judges Robert C. Brack in the District of New Mexico and George P. Kazen in the Southern District of Texas (Houston) ranked 3rd with 24 defendants in immigration cases. Judge Brackalso appeared in the top ten rankings one year ago(ranked 1).Judge Kazen appeared in the top ten rankings one year (ranked 2) and five years ago (rank 3).
