U.S. citizens don’t need the federal government’s permission to enter and exit the United States. They can’t be forcibly removed from the United States, and they can’t be convicted of entering the United States without the federal government’s permission. Put simply, immigration law’s controls on movement are off-limits to U.S. citizens. But what happens when someone doesn’t know they are a U.S. citizen? The short answer is that things get complicated. For the longer answer, let’s turn to the experience of Javier Garza-Flores. Born in México in 1974, he always knew that he was a Mexican [...]
Bulk of immigration prisoners commit basic offenses
Immigration crime is neither unusual nor new. Federal law threatens imprisonment for a host of migration activity. Impersonating a United States citizen can lead to three years behind bars. Smuggling people into the country is too, and if anyone dies in the process it can even result in execution. Far less newsworthy, entering the country without the correct permission is also criminalized. Since 1929, federal law has prohibited entering the United States without the government’s authorization. Doing that once can result in six months imprisonment. Entering the United States without [...]
Immigration crime prison population 2000-2016
Over the summer, the Trump administration made headlines worldwide when it decided to separate families arriving at the border while criminally prosecuting the parents. This was an especially cruel instance of using the bludgeon of criminal law to target migration. But it wasn’t the first time this happened. Across the Southwest, criminal prosecution of migration has been a common feature in federal courthouses for many years. Many of these individuals are sentenced to time-served, meaning they do little jail time beyond what they spend behind bars awaiting prosecution. Government data that [...]
Separating families is a choice
When President Obama announced Deferred Action for Childhood Arrivals, his administration’s policy of pushing young unauthorized migrants to the bottom of the immigration law-enforcement priority list, Republicans complained that focusing on some legal violations over others was equivalent to not enforcing the law. When Obama used his discretion to extend similar protections to parents of United States citizens, Republican legislators successfully took to the courts to block him. Within days of entering the White House, President Trump issued an executive order proclaiming, “We cannot [...]
Criminal prosecution data reveal longstanding practices & disparities
Federal prosecutors filed criminal charges against more migrants in May 2018 than at any other time since Donald Trump became president, newly-released government statistics obtained by the Transactional Access Records Clearinghouse reveal. But despite the administration’s “zero tolerance” approach, most people apprehended by Customs and Border Protection officers never found themselves in a criminal courtroom. Only about one-third of people apprehended in May outside of ports-of-entry were prosecuted criminally. As the report’s authors point out, this shows that the zero tolerance policy [...]
Immigration crime cases fill federal courts in 2017
Immigration crime has become a common feature of federal court dockets across the United States. I previously wrote that in fiscal year 2016 there were 68,314 defendants prosecuted for federal immigration crimes (see similar accounts of 2012 and 2010). Approximately 10,000 fewer defendants had their cases disposed of in the 2017 fiscal year, which might explain a small drop in immigration-related imprisonment, but the overall trend as similar. In the fiscal year that began under President Obama and ended under President Trump, there were more defendants prosecuted for immigration crimes before [...]
Crimmigration and Race
By Allison Crennen-Dunlap “The Age of Nations has passed. Now, unless we wish to perish we must shake off our old prejudices and build the earth.” Pierre Teilhard de Chardin, Human Energy 37 (1969). Writing in 1969, dissident Jesuit priest and paleontologist Pierre Teilhard de Chardin envisioned a radical future toward which humanity was building—a future beyond nations and divisions in which all human beings could share as equals in their common dignity. Sadly, humanity has not lived up to Teilhard’s vision, beautiful as it was. In Race, Criminal Justice, and Migration Control (2017), [...]
Immigration crime cases in the 1970s
Since the last years of the second term of President George W. Bush, immigration crime prosecutions have dominated the national picture of criminal dockets in the federal district courts. In 2016, for example, I previously reported about a staggering 68,314 immigration crime cases disposed of that year. No other category of offense even came close. The second most prosecuted category of offense that year, drug crimes, numbered less than 24,000 prosecutions. It hasn’t always been this way. Traditionally, prosecutors didn’t seek criminal penalties for people who violated immigration law. At [...]
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