U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Special Report
Federal Justice Statistics Program
Immigration Offenders in the Federal
Criminal Justice System, 2000
August 2002, NCJ 191745
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John Scalia
Marika F. X. Litras
BJS Statisticians
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Highlights
* Between 1985 and 2000 the number of persons
referred to U.S. attorneys for a suspected
immigration offense as the most serious charge
more than doubled from 7,239 to 16,495.
* The number of immigration defendants
prosecuted rose from 6,744 in 1985 to 15,613
in 2000. This increase was due to the greater
number prosecuted in U.S. district courts --
2,355 in 1985 to 13,414 in 2000. During the
same period the count of immigration defendants
in cases that U.S. magistrates disposed of fell
from 4,389 to 2,199.
* 75% of immigration offenders were charged
with unlawfully entering (25%) or reentering
(50%) the United States; 20% were charged with
alien smuggling; and 5% were charged with
offenses relating to misuse of visas or other
immigration offenses.
* 57% of suspected immigration offenders were
Mexican citizens; 7%, U.S. citizens; 3%, Chinese;
and 28%, all other nationalities. Mexicans (87%)
and Chinese (93%) were most often charged with
unlawful entry or reentry; U.S. citizens (64%)
were most often charged with alien smuggling.
* The number of immigration offenders serving
a Federal prison sentence increased from 1,593
during 1985 to 13,676 during 2000. Average time
to be served by immigration offenders entering
Federal prison increased from about 4 months in
1985 to 21 months in 2000.
* 13% of immigration offenders released from
Federal prison during 1995-97 were readmitted
within 3 years of release: 77% for a new
offense, 22% for a supervision violation, and
1% for other reasons.
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In fiscal year 2000, 16,495 persons were
referred to U.S. attorneys for a suspected
immigration offense as the most serious
charge. This represents a record high in a
rising trend following passage of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996.
In addition to immigration offenses, U.S.
attorneys prosecuted an increased number of
noncitizens charged with other offenses --
particularly drug trafficking offenses. Between
1985 and 2000 the number of noncitizens
prosecuted by U.S. attorneys for drug trafficking
offenses increased from 1,799 to 7,803.
The 1996 act authorized increases in law
enforcement by the U.S. Immigration and
Naturalization Service (INS). Following
enactment, the number of INS law enforcement
officers increased from 12,403 to 17,654. The
Border Patrol received almost two-thirds of
the additional officers. About 75% of the
increase in referrals to U.S. attorneys for
immigration offenses between 1996 and 2000 was
observed in the five States that received the
greatest number of new INS officers.
Seventy-five percent of the immigration suspects
referred to U.S. attorneys during 2000 were
investigated for unlawfully entering or
reentering the United States. Twenty percent were
investigated for smuggling aliens and 5% for
misuse of visas or other immigration violations.
The incarceration rate of convicted immigration
offenders increased from 57% to 91% between
1985 and 2000. Average time to be served in
prison increased from 3.6 months to 20.6
months over the same period. These increases
were due in part to changes in Federal sentencing
policy during the 1980's and 1990's, which
increased the likelihood that immigration
offenders would be sentenced to prison and
that their sentences would be longer.
Increased prosecutions and changes to sentencing
policy have had a substantial effect on the
size of the Federal prison population. Between
1985 and 2000 the number of immigration offenders
serving a sentence of imprisonment at yearend
increased almost 9-fold--from 1,593 to 13,676.
The increase in immigration offenders
incarcerated accounted for 14% of the overall
growth in the Federal prison population between
1985 and 2000.
Nationality of persons investigated
Over half (57%) of suspects investigated by
U.S. attorneys for immigration offenses during
2000 were citizens of Mexico. Most (87%) of
the Mexicans investigated were suspected of
unlawfully entering or reentering the United
States--63%, reentry by a removed alien;
24%, improper entry; 11%, alien smuggling;
and 3%, offenses related to misuse of visas
and other immigration violations.
Persons from countries in Asia and Oceania
comprised the second largest group of
noncitizens investigated for immigration
offenses (4%). Most of the Chinese nationals
investigated were suspected of unlawful entry
into the United States (93%); 5%, alien
smuggling; 2%, misuse of visas; and 1%,
reentry. While more than half of suspects
from other Asian countries were charged with
unlawful entry or reentry, they were among
those most likely to be charged with alien
smuggling (29%).
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Immigration violations as a secondary charge
In fiscal year 2000, 16,495 matters were
referred to U.S. attorneys for a suspected
immigration offense as the primary charge.
In an additional 919 matters persons were
suspected of an immigration offense as one
or a number of secondary charges only.
Among these 919 matters,
* 9% involved smuggling as a
secondary offense
* 27% entry
* 45% reentry
* 25% misuse of visas and other
immigration offenses.
In over half (56%) of the 919 matters, the
secondary immigration offense was associated
with a primary charge of fraud. Drug
trafficking was the primary charge in 24%, and
a weapons offense, the primary charge in about
6% of matters.
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U.S. citizens are not immune from prosecution
for immigration offenses. During 2000, 7% (or
1,110) of suspected immigration offenders
were U.S. citizens. Of these, 64% were
suspected of alien smuggling and 30% charged
with otherwise furthering the entry or reentry
of a noncitizen into the United States.
Geographical distribution
of immigration suspects
During 2000, 63% of all the persons (or 10,331)
suspected of immigration offenses were referred
to U.S. attorneys in 5 Federal judicial
districts: Texas, Western (18%), California,
Southern (14%), Arizona (13%), Texas, Southern
(11%), and New Mexico (6%). In each district the
U.S. attorneys received more than 1,000 referrals.
Among these five judicial districts, immigration
offenses accounted for 39% of all referrals made
to U.S. attorneys: Texas, Western (39% of all
referrals); California, Southern (44%); Arizona
(43%); Texas, Southern (31%); and New Mexico (38%)
(not shown in a table).
Suspects in matters concluded by U.S.
attorneys
During 2000 U.S. attorneys concluded 16,110
matters involving a person suspected of an
immigration offense as the most serious
charge.
Persons suspected of immigration offenses
accounted for 14% of all matters concluded by
U.S. attorneys in 2000 (Federal Criminal Case
Processing, 2000, BJS report, NCJ 190379,
table 3).
About 75% of suspects in immigration matters
concluded were investigated for unlawfully
entering (25%) or reentering (50%) the United
States. Additionally, 20% were investigated for
smuggling, transporting, or harboring unlawful
aliens, and 5% were suspected of misuse of
visas and other offenses related to removal of
aliens.
Compared to prosecutorial declinations for
other offenses, U.S. attorneys refused to
prosecute few referrals for immigration
offenses. During 2000, 3% of immigration
offense referrals and 26% of all referrals
were declined for Federal prosecution.
(Federal Criminal Case Processing, 2000, BJS
report, NCJ 190379, table 3). Immigration
offenses involving unlawful entry or reentry
were the most likely to be prosecuted (98%),
while those involving misuse of visas and
other violations (90%) were the least likely .
Available data describing alien smuggling
offenses indicate that in the 2,043 cases
investigated by the INS Inspections Division
during 1999 a total of 41,364 smuggled aliens
were located and arrested (INS, 1999
Statistical Yearbook, table 59). For those
defendants who were convicted of alien
smuggling and sentenced during 1999, 70%
smuggled 6 or more aliens into the United
States.
About 20% of defendants convicted of alien
smuggling and sentenced during 1999 received
an enhanced sentence for risking (18%) or
actually causing bodily harm (2%) to those
they attempted to smuggle into the United
States.
Characteristics of defendants
charged
Demographic characteristics
According to data collected by the Pretrial
Services Administration, most (87%) of the
14,540 Federal defendants charged with an
immigration offense, were Hispanic; 4% were
identified as white; 3% Black; and 6% all other
races and ethnicities. More than 9 in 10 were
male. More than half were age 30 or younger;
33%, 31 to 40; and 14%, over 40 years of age.
Criminal history
More than two-thirds of the defendants charged
with an immigration offense were identified as
having been previously arrested. Thirty-six
percent had been arrested on at least 5 prior
occasions; 22%, 2 to 4 times; and 12%,1 time.
Sixty-one percent of those defendants had
been convicted at least once; 18%, 5 or more
times; 26%, 2 to 4 times; and 17%, 1 time.
Of those charged, 49% had previously been
convicted of a felony: 20% of a drug offense;
18%, a violent offense; and 11%, other felony
offenses. Twelve percent had previously been
convicted of a misdemeanor.
Defendants charged with unlawful reentry had
the most extensive criminal histories. Nine
in ten had been previously arrested. Of those
with a prior arrest, half had been arrested
on at least 5 prior occasions.
Fifty-six percent of those charged with a
reentry offense had previously been convicted
of a violent or drug-related felony. By
contrast, under half of those charged with
alien smuggling, a third of those charged with
unlawful entry, and just over a quarter those
charged with misuse of visas and other charges
had previously been arrested. The criminal
histories of these defendants were generally
less extensive: more than 70% had been
previously arrested fewer than 5 times.
Trends in prosecution
of immigration offenses, 1985-2000
Between 1985 and 2000 the number of persons
referred to U.S. attorneys for a suspected
immigration offense--as the most serious
charge--increased from 7,239 to 16,495.
The number of defendants charged during this
period increased from 6,744 to 15,613. While
the number of referrals to U.S. attorneys for
suspected immigration offenses fluctuated
during the pre-1996 period, following passage
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Pub.
L. 104-208, 110 Stat. 3009), referrals
to U.S. attorneys increased substantially.
Among its several provisions, the 1996 act
authorized increases for INS law enforcement,
particularly Border Patrol officers. INS law
enforcement grew 42% from 12,403 officers
during 1996 to 17,654 during 2000.
About 84% of the increase in INS law
enforcement officers occurred in 5 States:
Texas (1,880 additional officers), Arizona
(1,120), California (973), New York (235),
and Florida (152). In addition, between 1996
and 2000 referrals to U.S. attorneys in Texas,
Arizona, California, New York, and Florida for
immigration offenses increased from 5,070
during 1996 to 12,118 during 2000 (not shown
in a table). These States accounted for 75%
of the overall increase in the number of
immigration referrals to U.S. attorneys.
Changes in Federal sentencing law also had
a substantial impact on the processing of
immigration offenders, by increasing the
average length of prison sentences and
requiring offenders to serve a greater
proportion of the sentence imposed.
After sentencing guidelines were implemented
in 1987, the proportion of immigration
offenders convicted of a felony who were
sentenced to prison increased from 57% in
1985 to 91% in 2000 (Compendium of Federal
Justice Statistics, annual). For immigration
offenders entering prison, time to be served
increased from 3.6 months, on average, during
1985-87 to 20.6 months during 2000.
The increase in average time to be served
followed amendments to the Federal sentencing
guidelines that addressed immigration offenders
with serious criminal histories. These amendments
included substantial sentencing enhancements
for immigration offenders who had previously
been deported after a conviction for an
"aggravated felony" such as violent drug
trafficking or felony property offenses or who
were convicted of smuggling more than six aliens.
(See, U.S.S.G. App. C, Nos. 193, 196, 375, 450,
and 524.)
Following these amendments, the 4-to-10
month base sentencing range for defendants
convicted of unlawfully re-entering the
United States after conviction of an
"aggravated felony" increased from 57 to 71
months.***Footnote 1: Guideline range increases
assume Criminal History Category II, which
represents a single prior conviction resulting
in a sentence of more than 1 year. For
defendants with more extensive criminal
histories such as those classified in Criminal
History Category VI--more than 4 prior
sentences of more than 1 year--the 18-to-24
month base sentencing range became 100 to 125
months.*** The 10-to-16 month base sentencing
range for defendants involved with alien
smuggling increased to the following: 18 to
24 months for smuggling 6 to 24 aliens; 27 to
33 months for smuggling 25 to 99 aliens; and
47 to 46 months for smuggling 100 or more
aliens.***Footnote 2: Guideline range increases
assume Criminal History Category I.***
A greater INS presence in the Southwest and
more severe penalties for immigration offenses
have accompanied an increase in the number
of immigration offenders in Federal prisons.
Between 1985 and 2000 the number of
immigration offenders under sentence in a
Federal prison increased from 1,593 to 13,676.
Defendants adjudicated in the Federal
courts
During 2000, 96% of those adjudicated of an
immigration offense were convicted. Of those
defendants convicted, 85% were sentenced to
prison, 5% were sentenced to probation, and
10% received another sanction such as a fine.
Defendants charged with unlawful reentry
were the most likely to receive a prison
sentence (95%); those charged with misuse of
visas and other violations, the least (70%).
Among immigration offenders, defendants
convicted of unlawful reentry were likely to
have received the longest prison terms, an
average of 36 months. Those convicted of
misuse of visas and other immigration
violations received on average the
shortest -13 months.
Offenders under Federal
correctional supervision
Incarcerated
During 2000, 13,676 offenders convicted of
an immigration offense were serving a
sentence of imprisonment in Federal prisons:
89% following a conviction for unlawfully
entering or reentering the United States; 11%,
alien smuggling; and less than 1%, offenses
relating to the misuse of visas and other
immigration violations.
Community supervision
In addition to offenders held in Federal
prisons, 2,200 offenders convicted of an
immigration offense were serving a term of
community supervision: 60% term of
probation and 40%, supervised release.
About two thirds of defendants serving a
sentence of community supervision had been
convicted of alien smuggling; 29%
entry/reentry; and 4% misuse of visas and
other offenses.
Immigration offenders returning to Federal
prison
Approximately 13% of immigration offenders
released from Federal prison during 1995-97
were readmitted within 3 years. These
offenders most often (77%) were returned
following a conviction for a new Federal
offense; 22% were returned following
adjudication of a supervision violation; and
1% for other reasons. More than 90% of offenders
who were returned for a new offense were
readmitted following a conviction for an
immigration offense (not shown in a table).
Overall, immigration offenders who were
readmitted within 3 years of their first release
served 28 months, on average, for the original
conviction (not shown in a table). The interval
from release to readmission was approximately
18 months, on average; 30% of the immigration
offenders who were readmitted returned within
the first year following release. Upon readmission,
the estimated time these offenders could expect
to serve was 22 months.
--------------------------------------------
Apprehending and removing illegal aliens
The INS has the initial responsibility for
determining who may be admitted to the United
States. The INS also has the responsibility for
enforcing immigration laws. Border Patrol
agents or Investigations special agents perform
almost all the work of locating and arresting
illegal aliens. Immigration inspectors work to
prevent the entry of inadmissable aliens at a
port of entry.
Approximately 30 million aliens legally enter
the United States annually (INS, 1999
Statistical Yearbook, table 37). Almost all
(98%) are temporary admissions -- primarily for
pleasure. While the total number of aliens
unlawfully entering the United States is not
known, during 1999 INS agents apprehended
1,714,035 aliens who had unlawfully entered or
remained in the United States.
Of these apprehensions --
* 90% were made along the Southwest border
* 95% involved Mexicans
* 98% entered the United States without
inspection.
Criminal prosecution of illegal aliens
represents a small component of the INS
enforcement strategy. The INS can remove an
alien from the United States by initiating a
formal deportation, exclusion, or removal
proceeding or by offering the alien the
opportunity to depart voluntarily.
During 1999 the INS removed almost 1.8
million aliens who unlawfully entered or
remained in the United States (INS, table 60).
Of these, 90% accepted an offer of voluntary
departure and 10% were removed following a
formal removal proceeding such as a
determination of deportability or inadmissability.
-------------------------------------------------
Defendants returning for new crimes could
expect to serve longer terms upon readmission
(25 months) than those returning for
supervision violations (14 months).
Offenders originally convicted of alien
smuggling returned at a greater rate for
supervision violations (54%) than those
convicted of unlawful entry or reentry (18%).
Offenders convicted of unlawful entry or
reentry, on the other hand, were more likely
to return for new offenses (80%) than those
convicted of alien smuggling (45%).
Older offenders were more likely to return
than younger offenders: about 14% of offenders
31 years or older were readmitted to Federal
prison compared to roughly 10% of those 30
years or younger.
While U.S. citizens were the most likely to be
readmitted (27%), they were returned to prison
primarily for supervision violations. Most of
the noncitizens (79% of the Mexicans who were
readmitted) were returned for new offenses.
----------------------------------------
Noncitizens prosecuted in Federal courts and
incarcerated in Federal prisons
Between 1985 and 2000 the number of noncitizens
charged with an offense in Federal courts increased
from 4,539 to 23,477. More than half of the
increase in the number of noncitizens prosecuted
can be attributed to the increase in immigration
offenders from 1,636 to 12,364.
In 2000 U.S. attorneys in five Federal judicial
districts prosecuted over half the noncitizens:
Arizona (17.1%), Texas, Southern (11.7%),
California, Southern (10.1%), Texas, Western
(8.7%), and New Mexico (5.6%) (not shown
in a table).
Noncitizens accounted for about a third of the
growth in the Federal prison population,
1985-2000 (not shown in a table). In 1985,
5,561 noncitizen Federal inmates were 14% of
the total; in 2000, 37,243 noncitizen inmates
were 29% of all Federal prisoners. During
2000, 54% of noncitizen inmates had been
convicted of a drug offense; 35% of an
immigration offense; and 11% of other
offenses.
Two-thirds of the growth in the number of
noncitizen inmates from 1996 to 2000 was
related to the increase in immigration
offenders. The number of noncitizen
immigration offenders in Federal prisons
increased from 4,411 during 1996 to 13,162
during 2000.
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Selected Federal immigration statutes
Immigration offenses in this report are defined
according to the BJS filing offense classification
which is based on the classification procedure
followed by the Administrative Office of the U.S.
Courts. Immigration is one of 41 offense categories
in the BJS classification system and is composed
largely of the following Federal statutes:
Smuggling, transporting, and harboring
8 U.S.C. sec. 1322: prohibits bringing into the
United States an alien(s) subject to denial of
admission due to lack the proper
authorization or documentation.
8 U.S.C. sec. 1323: prohibits unlawful bringing
of aliens into the United States.
8 U.S.C. sec. 1324: prohibits bringing in and
harboring certain aliens.
8 U.S.C. sec. 1327: prohibits aiding or
assisting certain aliens to enter the United
States.
Unlawful entry and reentry
8 U.S.C. sec. 1325: prohibits improper entry
by an alien.
8 U.S.C. sec. 1326: prohibits reentry of
removed aliens.
Misuse of visas and other violations
18 U.S.C. sec. 1546: prohibits fraud and
misuse of visas, permits, and other
documents.
8 U.S.C. sec. 1252 and 8 U.S.C. sec. 1253:
involves orders of removal of aliens and
penalties related to removal.
8 U.S.C. sec. 1321: prohibits persons from
failing to prevent the unauthorized entry of
aliens.
Immigration related offenses which are are not
classified as immigration offenses in this report
include the following: importation of aliens for
immoral purposes such as prostitution (8
U.S.C. sec. 1328) which is classified
technically as a sex offense rather than an
immigration offense; false impersonation as a
U.S. citizen (18 U.S.C. sec. 911), reproduction
of citizenship papers (18 U.S.C. sec. 1426),
and false statements in application and use of
a passport (18 U.S.C. sec. 1542) which largely
are classified as fraud offenses.
For additional information about the Federal
Justice Statistics Program's offense
classification procedures, see Methodology
section of the Compendium of Federal Justice
Statistics, 2000, NCJ-194067.
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The Bureau of Justice Statistics
is the statistical agency of the
U.S. Department of Justice. Lawrence
A. Greenfeld is acting director.
John Scalia and Marika F. X. Litras,
Statisticians formerly with BJS,
wrote this report under the supervision
of Steven Smith. Carol J. DeFrances and
Keonna Feaster provided statistical review
and verification. William Adams, Avi
Bhati, Barbara Parthasarathy, Juliet Scarpa
from the Federal Justice Statistics Resource
Center staff, under the supervision of
Laura Winterfield, provided technical
assistance and review. The Administrative
Office of the U.S. Courts staff and Pragati
Patrick, under the supervision of Steven
Schlesinger, provided substantive review.
Tina Dorsey and Tom Hester edited
this report.
August 2002, NCJ 191745
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This and other reports presenting criminal
justice statistics, together with graphs,
electronic files, and data online, may be
accessed at the BJS website
.
Available through the BJS website, the
Federal Justice Statistics Resource Center,
, offers
comprehensive information about Federal
case processing.
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End of file
07/25/02 ih