Escalation in Criminal Prosecutions Against Migrants
The increase in criminal prosecution for immigration-related offenses has been a notable feature of the Biden administration. Between February and April 2024, there was a 21% increase in these prosecutions compared to the same period the previous year and a total increase of 65% since Biden took office.
This rise responds to a new initiative announced in May 2024 by the Department of Justice, which aims to intensify efforts to prosecute human trafficking and other immigration-related crimes along the U.S.-Mexico border.
Context of Previous Prosecutions
Implementing Title 42 under the Trump administration, which continued in part under Biden, had brought immigration criminal prosecutions to historically low levels.
However, after removing this policy in May of the previous year, the prosecutions for undocumented entry, a misdemeanor, have significantly increased. During the peak of Trump’s “Zero Tolerance” policy, this offense was the most prosecuted, with more than 12,000 cases per month.
Current Details of Prosecutions
Prosecutions for Unauthorized Reentry:
- The prosecution for unauthorized reentry, a felony, has increased by 57% from the beginning to the end of the first three-month period of the Biden administration.
- These offenses now make up about two-thirds of all immigration criminal prosecutions.
Prosecutions for Harboring:
- The prosecutions for harboring immigrants increased at the beginning of 2021, stabilizing afterward with an average of 300 and 600 cases per month.
- This offense is applied broadly, not only to those who offer physical shelter but also to those who assist immigrants in other ways.
Distribution of Prosecutions by District
Most prosecutions are carried out in the five federal districts along the U.S.-Mexico border, each with distinct trends. The Western District of Texas has been the main driver of the increase in misdemeanor cases, followed by Arizona.
However, it is noteworthy that from June to October 2023, most prosecutions for unauthorized entry were concentrated in the Northern District of New York, along the Canadian border.
What Will Happen with Migrant Prosecutions?
This increase in prosecutions reflects a significant change in immigration law enforcement policy, marking a tightening of measures against immigration offenses.
Moreover, these actions, possibly intensified in anticipation of the upcoming elections, suggest that the administration is adopting a more aggressive stance on immigration management and border security, with profound implications for the affected communities and the general immigration policy of the United States.
Finally, beyond the general statistics, it is critical to highlight the human consequences of these policies. Migrant communities face growing uncertainty and fear in the face of the intensification of criminal prosecutions, which may deter many from seeking the necessary legal help or even from maintaining their regular daily routines for fear of being detained.
