Immigration Crackdown Changing
the Ethnic Makeup of Federal Courts
the Ethnic Makeup of Federal Courts
Latinos compose the majority of individuals sentenced, mainly for immigration-related offenses.
By Eduardo Barraza
Photo by courtesy of ICE
Photo by courtesy of ICE
Phoenix, Arizona, February 18, 2009 - The number of Latino offenders sentenced for federal crimes more
than tripled in 2007, according to a new study released by the Hispanic Pew Center. The analysis is
based on data from the United States Sentencing Commission, an independent agency in the judicial
branch of government.
According to researchers, this can be explained by a sharp growth in unlawful immigration and an
increased enforcement of immigration laws. This has translated into a drastic change in the racial makeup
of offenders in the federal court system.
The study findings reveal that the majority of offenders were Latino individuals, who account for 40
percent of all offenders, compared with 27 percent white, 23 percent black and 10 percent from other
ethnic groups. By contrast, whites comprised 43 percent of offenders sentenced in federal courts in 1991,
while 24 percent were Hispanic.
Data indicates that Latino offenders were more probable to lack U.S. citizenship, and that nearly half of
the offenses were imposed for violating immigration laws. Crimes with the most incidences were re-
entering or remaining in the United States without legal documents, and a smaller percentage for
smuggling, transporting or harboring undocumented immigrants.
In response to the influx of undocumented immigration, federal authorities have made it a priority to
enforce immigration laws. Latino individuals convicted for immigration-related offenses accounted for 80
percent in 2007. Black and white criminal offenders were convicted for drug-related crimes more
frequently.
Rough estimates suggest that about 12 million individuals live in the United States without legal status.
In 1992, it was believed that approximately 8 million immigrants were in the country without documents.
The majority of people who have entered the U.S. without a visa or work permit during this decade and
the 1990’s come from Mexico and other countries of Latin America.
Law enforcement agencies at the local level have signed Memorandums of Agreement (MOA’s) with the U.
S. Immigration and Customs Enforcement (ICE,) the largest investigative agency under the umbrella of
the Homeland Security Department. Police and sheriff departments in several states have become
enforcement extensions of immigration law under agreements such as the 287(g), which delegates
immigration authority to local law enforcement officers. MOA’s have been signed as early as 2002.
According to ICE, more than 79,000 individuals suspected of being in the country without authorization,
and who are mostly in jails, have been identified since January 2006 through the 287(g) program. ICE
credits this number to the nearly 1000 officers who have received a four-week training and have been
certified to apply immigration screening and processing, and the 67 active partnerships with local law
enforcement agencies.
Among the states participating in the 287(g) agreements are: Alabama, Arkansas, Arizona, California,
Colorado, Florida, Georgia, Massachusetts, Maryland, Minnesota, Missouri, New Hampshire, North
Carolina, New Jersey, New Mexico, Nevada, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah,
and Virginia.
Arizona’s district accounted for 11 percent of the total number of offenders who were sentenced in
federal courts. The Southern and Western districts of Texas accounted for 17 percent and 15 percent
respectively; the Southern California and New Mexico Districts represented 6 percent. These figures
indicate that more than half of the offenders were sentenced in those five federal court districts that are
located in proximity to the U.S.-Mexico border.
than tripled in 2007, according to a new study released by the Hispanic Pew Center. The analysis is
based on data from the United States Sentencing Commission, an independent agency in the judicial
branch of government.
According to researchers, this can be explained by a sharp growth in unlawful immigration and an
increased enforcement of immigration laws. This has translated into a drastic change in the racial makeup
of offenders in the federal court system.
The study findings reveal that the majority of offenders were Latino individuals, who account for 40
percent of all offenders, compared with 27 percent white, 23 percent black and 10 percent from other
ethnic groups. By contrast, whites comprised 43 percent of offenders sentenced in federal courts in 1991,
while 24 percent were Hispanic.
Data indicates that Latino offenders were more probable to lack U.S. citizenship, and that nearly half of
the offenses were imposed for violating immigration laws. Crimes with the most incidences were re-
entering or remaining in the United States without legal documents, and a smaller percentage for
smuggling, transporting or harboring undocumented immigrants.
In response to the influx of undocumented immigration, federal authorities have made it a priority to
enforce immigration laws. Latino individuals convicted for immigration-related offenses accounted for 80
percent in 2007. Black and white criminal offenders were convicted for drug-related crimes more
frequently.
Rough estimates suggest that about 12 million individuals live in the United States without legal status.
In 1992, it was believed that approximately 8 million immigrants were in the country without documents.
The majority of people who have entered the U.S. without a visa or work permit during this decade and
the 1990’s come from Mexico and other countries of Latin America.
Law enforcement agencies at the local level have signed Memorandums of Agreement (MOA’s) with the U.
S. Immigration and Customs Enforcement (ICE,) the largest investigative agency under the umbrella of
the Homeland Security Department. Police and sheriff departments in several states have become
enforcement extensions of immigration law under agreements such as the 287(g), which delegates
immigration authority to local law enforcement officers. MOA’s have been signed as early as 2002.
According to ICE, more than 79,000 individuals suspected of being in the country without authorization,
and who are mostly in jails, have been identified since January 2006 through the 287(g) program. ICE
credits this number to the nearly 1000 officers who have received a four-week training and have been
certified to apply immigration screening and processing, and the 67 active partnerships with local law
enforcement agencies.
Among the states participating in the 287(g) agreements are: Alabama, Arkansas, Arizona, California,
Colorado, Florida, Georgia, Massachusetts, Maryland, Minnesota, Missouri, New Hampshire, North
Carolina, New Jersey, New Mexico, Nevada, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah,
and Virginia.
Arizona’s district accounted for 11 percent of the total number of offenders who were sentenced in
federal courts. The Southern and Western districts of Texas accounted for 17 percent and 15 percent
respectively; the Southern California and New Mexico Districts represented 6 percent. These figures
indicate that more than half of the offenders were sentenced in those five federal court districts that are
located in proximity to the U.S.-Mexico border.
Eduardo Barraza is a journalist and writer,
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
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