Immigration Convictions for March 2016
The latest available data from the Justice Department show that during March 2016 the government reported 6919 new immigration convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 18.8 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 (-2.9%). 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 2.8 percent from levels reported in 2011.
The leveling out 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 March 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 March 2016, 4976 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 March 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 80.5 percent of all magistrate convictions in March.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (18.6%).
Immigration Convictions in U.S. District Courts
In March 2016, 1943 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during March 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 March.
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 March 2016.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,512 1 1 1 More 08 USC 1324 - Bringing in and harboring certain aliens 229 2 2 2 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 80 3 3 3 More 08 USC 1325 - Entry of alien at improper time or place; etc. 28 4 5 4 More 18 USC 1425 - Procurement of citizenship or naturalization unlaw 23 5 13 20 More 18 USC 1544 - Misuse of passport 22 6 4 6 More 18 USC 1543 - Forgery or false use of passport 7 7 11 10 More 18 USC 1542 - False statement in application and use of passport 6 8 6 7 More 18 USC 922 - Firearms; Unlawful acts 4 9 11 13 More 18 USC 1001 - Fraud/false statements or entries generally 4 9 9 9 More 18 USC 1015 - Fraud - Nat'zation, citizenship, alien registry 4 9 16 15 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 125 percent — compared to one year ago was Title 18 U.S.C Section 1425 that involves " Procurement of citizenship or naturalization unlaw ". This was the same statute that had the largest increase — 575 % — when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 36.2 percent — was " Misuse of passport " (Title 18 U.S.C Section 1544 ). Compared to five years ago, the most significant decline in convictions — 69.9 percent — was for convictions 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 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 413 1 1 1 More Texas, W 329 2 2 2 More Arizona 269 3 3 3 More N Mexico 269 3 4 5 More Fla, S 133 5 6 8 More Cal, S 107 6 5 4 More Mich, E 54 7 12 39 More Utah 30 8 9 7 More Texas, N 27 9 8 18 More Fla, M 19 10 7 10 More Puer Rico 19 10 23 27 More Table 3. Top 10 Districts
The Southern District of Texas (Houston) — with 413 convictions — was the most active during March 2016. The Southern District of Texas (Houston) was ranked 1 a year ago, while it was ranked 1 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 2 for most frequent use five years ago.
District of Arizona and District of New Mexico are now ranking 3rd. The District of Arizona was ranked 3 a year ago, while it was ranked 3 for most frequent use five years ago. The District of New Mexico was ranked 4 a year ago, while it was ranked 5 for most frequent use five years ago.
Recent entrants to the top 10 list were Eastern District of Michigan (Detroit), now ranked 7th , and Puerto Rico at 10th In the same order, these districts ranked 12th and 23rd one year ago and 39th and 27th five years ago.
The federal judicial district which showed the greatest growth in immigration convictions compared to one year ago — 83.3 percent — was Utah . Compared to five years ago, the district with the largest growth — 138.7 percent — was Eastern District of Michigan (Detroit).
In the last year, the judicial District Court recording the largest drop in immigration convictions — 26.3 percent — was Southern District of California (San Diego). But over the past five years, Middle District of Florida (Tampa) showed the largest drop — 57.7 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 resulting in convictions of this type during March 2016 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Moses, Alia Texas, W 121 1 2 8 More Brack, Robert C. N Mexico 97 2 1 3 More Gonzales, Kenneth John N Mexico 75 3 3 - More Hanen, Andrew S. Texas, S 51 4 4 10 More Carr, James G. N Mexico 48 5 524 - More Soto, James Alan Arizona 46 6 30 - More Alvarez, Micaela Texas, S 41 7 7 2 More Collins, Raner Christercunean Arizona 39 8 24 13 More Crane, Randy Texas, S 36 9 6 4 More Pitman, Robert Texas, W 35 10 - - 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.
Judge Alia Moses in the Western District of Texas (San Antonio) ranked 1st with 121 convicted in immigration convictions. Judge Moses appeared in the top ten rankings one year (ranked 2) and five years ago (rank 8).
Judge Robert C. Brack in the District of New Mexico ranked 2nd with 97 convicted in immigration convictions. Judge Brack appeared in the top ten rankings one year (ranked 1) and five years ago (rank 3).
Judge Kenneth John Gonzales in the District of New Mexico ranked 3rd with 75 convicted in immigration convictions. Judge Gonzales also appeared in the top ten rankings one year ago (ranked 3).
Report Generated: May 3, 2016
