09 Jul Immigration Prosecutions Surge with New Border Enforcement Efforts
Key Points:
- Immigration crime prosecutions have increased significantly since the Biden administration took office.
- From February to April 2024, prosecutions were up 21% compared to the same period in 2023.
- Prosecutions have risen 65% since the start of Biden’s presidency.
Overview:
Since President Biden took office, the criminal prosecution of immigration crimes has seen a notable increase. The latest figures from February to April 2024 show a 21% rise in prosecutions compared to the same period last year. This reflects a broader trend of a 65% increase in immigration-related prosecutions since Biden assumed office. The Department of Justice’s recent announcement in May 2024 to intensify efforts against human trafficking and immigration-related crimes is likely to sustain this upward trend.
Impact of Title 42:
The Title 42 policy, initiated during the Trump administration and continued under Biden until May 2023, significantly reduced immigration prosecutions by allowing immediate expulsion of immigrants. With the lifting of Title 42, prosecutions for illegal entry (8 USC 1325) have seen substantial relative gains. During the Trump-era “Zero Tolerance Policy,” monthly prosecutions for illegal entry peaked at over 12,000. Post-Title 42, these misdemeanor filings have increased markedly.
Increase in Illegal Reentry Prosecutions:
Prosecutions for illegal reentry (8 USC 1326) have risen by 57% from the first three months of Biden’s presidency to the latest three-month period. These offenses now constitute about two-thirds of all immigration criminal prosecutions.
Harboring Prosecutions:
Harboring prosecutions (8 USC 1324) spiked at the beginning of 2021 but have stabilized between 300 and 600 cases per month. These cases include not only physical sheltering of immigrants but also other forms of aid or assistance in evading law enforcement.
Geographical Trends in Prosecutions:
Most immigration prosecutions occur in the federal districts along the U.S.-Mexico border. The Western District of Texas and Arizona have seen the most significant increases in unlawful entry prosecutions. Interestingly, during June-October 2023, the Northern District of New York, along the Canada border, saw the highest number of unlawful entry prosecutions, surpassing some southern border districts.
High Levels of Unlawful Reentry Prosecutions:
In April 2024, unlawful reentry prosecutions reached their highest levels. The Western District of Texas and Arizona were again the most active. Notably, northern border districts did not rank in the top ten, with Wyoming and the Western District of Oklahoma ranking sixth and seventh, respectively, in per capita illegal reentry prosecutions.
Conclusion:
The Biden administration’s increased focus on immigration enforcement is evident in the rising prosecution rates for immigration crimes. This shift marks a departure from the historic lows seen during the Title 42 expulsions and reflects a renewed commitment to addressing immigration-related offenses through the federal judicial system.
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Disclaimer: This information is for informational purposes only and does not constitute legal advice. Consult with an immigration attorney for specific legal guidance.
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