Immigration Convictions for December 2016
The latest available data from the Justice Department show that during December 2016 the government reported 4828 new immigration convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 1.9 percent over the previous month.
The comparisons of the number of defendants convicted for 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 2016 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-13.1%). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 22.9 percent from levels reported in 2011.
The decrease from the levels five years ago in immigration convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of immigration convictions 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. 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 convictions for immigration offenses in December 2016 (100 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 Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In December 2016, 3098 defendants in immigration 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 December 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 77 percent of all magistrate convictions in December.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (22.1%).
Immigration Convictions in U.S. District Courts
In December 2016, 1730 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during December there were an additional 0 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 December.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of immigration matters filed in U.S. District Court during December 2016.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,352 1 1 1 More 08 USC 1324 - Bringing in and harboring certain aliens 259 2 2 2 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 40 3 3 3 More 18 USC 1544 - Misuse of passport 26 4 4 6 More 08 USC 1325 - Entry of alien at improper time or place; etc. 20 5 5 4 More 18 USC 1542 - False statement in application and use of passport 7 6 6 7 More 18 USC 922 - Firearms; Unlawful acts 3 7 16 12 More 18 USC 1001 - Fraud/false statements or entries generally 3 7 10 11 More 08 USC 1324b - Seizure and forfeiture 2 9 - - More 18 USC 758 - High speed flight from immigration checkpoint 2 9 19 23 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 2 9 12 10 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 2 9 13 13 More Table 2. Top Charges for Convictions
"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 "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 3 a year ago, while it was ranked 3 five years ago.
Among these top ten lead charges, the one showing the greatest increase in convictions — up 130 percent — compared to one year ago was Title 18 U.S.C Section 922 that involves " Firearms; Unlawful acts ". Compared to five years ago, the largest increase — 60.4 percent — was registered for convictions under " Misuse of passport " (Title 18 U.S.C Section 1544 ).
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 60 percent — was " High speed flight from immigration checkpoint " (Title 18 U.S.C Section 758 ). Compared to five years ago, the most significant decline in convictions — 65.3 percent — was for convictions where the lead charge was " False statement in application and use of passport " (Title 18 U.S.C Section 1542 ).
Top Ranked Judicial Districts
Understandably, there is great variation in the number of immigration convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of convictions of this type last month are shown in Table 3.
Judicial District Count Rank 1yr ago 5yrs ago Texas, S 575 1 1 2 More Texas, W 264 2 2 1 More N Mexico 230 3 3 5 More Arizona 187 4 4 3 More Cal, S 140 5 5 4 More Fla, S 41 6 6 6 More Fla, M 31 7 10 9 More Utah 21 8 8 7 More Colorado 18 9 11 21 More Cal, C 11 10 7 8 More Kansas 11 10 34 40 More Puer Rico 11 10 15 17 More Texas, N 11 10 9 19 More Table 3. Top 10 Districts
The Southern District of Texas (Houston) — with 575 convictions — was the most active during December 2016. The Southern District of Texas (Houston) was ranked 1 a year ago, while it was ranked 2 for most frequent use 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 1 for most frequent use five years ago.
District of New Mexico is now ranking 3rd. The District of New Mexico was ranked 3 a year ago, while it was ranked 5 for most frequent use five years ago.
Recent entrants to the top 10 list were Colorado , now ranked 9th , and Puerto Rico at 10th In the same order, these districts ranked 11th and 15th one year ago and 21st and 17th five years ago.
The federal judicial district which showed the greatest growth in immigration convictions compared to one year ago — 70.8 percent — was Puerto Rico . Compared to five years ago, the district with the largest growth — 53.2 percent — was New Mexico .
In the last year, the judicial District Court recording the largest drop in immigration convictions — 75.5 percent — was Central District of California (Los Angeles). This was the same district that had the largest increase — 75.4 percent — when compared with five years ago.
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 resulting in convictions of this type during December 2016 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Johnson, William Paul N Mexico 78 1 6 37 More Hinojosa, Ricardo H. Texas, S 78 1 5 4 More Moses, Alia M. Texas, W 76 3 2 1 More Brack, Robert C. N Mexico 64 4 1 18 More Saldana, Diana Texas, S 63 5 11 24 More Ramos, Nelva Gonzales Texas, S 61 6 8 133 More Olvera, Jose Rolando, Jr. Texas, S 60 7 96 - More Garcia Marmolejo, Marina Texas, S 52 8 13 - More Alvarez, Micaela Texas, S 50 9 9 12 More Crane, Randy Texas, S 43 10 7 3 More Table 4. Top Ten Judges
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of immigration convictions.
Judges William Paul Johnson in the District of New Mexico and Ricardo H. Hinojosa in the Southern District of Texas (Houston) ranked 1st with 78 convicted in immigration convictions. Judge Johnson also appeared in the top ten rankings one year ago (ranked 6).Judge Hinojosa appeared in the top ten rankings one year (ranked 5) and five years ago (rank 4).
Judge Alia M. Moses in the Western District of Texas (San Antonio) ranked 3rd with 76 convicted in immigration convictions. Judge Moses appeared in the top ten rankings one year (ranked 2) and five years ago (rank 1).
Report Generated: January 20, 2017
