Key Points:

  • Immigration crime prosecutions have increased significantly since the Biden administration began.
  • From February to April 2024, prosecutions increased by 21% compared to the same period in 2023.
  • Prosecutions have increased by 65% since the beginning of Biden’s presidency.

Summary:

Since President Biden took office, criminal prosecutions for immigration offenses have significantly increased. The most recent figures, from February to April 2024, show a 21% rise in prosecutions compared to the same period last year. Overall, since the start of Biden’s presidency, prosecutions have increased by 65%. The Department of Justice’s May 2024 announcement to intensify efforts against human trafficking and immigration crimes suggests this trend will continue.

Impact of Title 42

The Title 42 policy, implemented during the Trump administration and continued under Biden until May 2023, significantly reduced immigration prosecutions by allowing the immediate expulsion of immigrants. With the lifting of Title 42, prosecutions for illegal entry (8 USC 1325) have increased considerably. During Trump’s “Zero Tolerance Policy,” monthly prosecutions for illegal entry exceeded 12,000. After Title 42, these misdemeanor cases have seen a notable increase.

Increase in Prosecutions for Illegal Re-entry

Prosecutions for illegal re-entry (8 USC 1326) have increased by 57% from the first three months of the Biden presidency to the most recent three-month period. These offenses now constitute approximately two-thirds of all criminal immigration prosecutions.

Prosecutions for Harboring Immigrants

Prosecutions for harboring immigrants (8 USC 1324) increased at the beginning of 2021 but have since stabilized between 300 and 600 cases per month. These cases include not only providing physical shelter to immigrants but also other forms of aid to evade authorities.

Geographical Trends in Prosecutions

Most immigration prosecutions occur in federal districts along the U.S.-Mexico border. The Western District of Texas and Arizona have seen the most significant increases in illegal entry prosecutions. Interestingly, during the period of June to October 2023, the Northern District of New York, along the Canadian border, had the highest number of illegal entry prosecutions, surpassing some southern border districts.

High Levels of Prosecutions for Illegal Re-entry

In April 2024, prosecutions for illegal re-entry reached their highest levels. The Western District of Texas and Arizona were again the most active. Notably, northern border districts did not rank among the top ten, with Wyoming and the Western District of Oklahoma ranking sixth and seventh, respectively, in per capita prosecutions for illegal re-entry.

Conclusion:

The Biden administration’s focus on immigration law enforcement is evident in the rising rates of immigration offense prosecutions. This shift marks a departure from the historical lows seen during Title 42 expulsions and reflects a renewed commitment to addressing immigration-related crimes 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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