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Immigration Crackdown Changing
the Ethnic Makeup of Federal Courts
By Eduardo Barraza
BARRIOZONA
February 18 , 2009
Phoenix, Arizona - 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.
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Grassroots Journalism www.barriozona.com
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Latinos compose the majority of individuals sentenced, mainly for immigration-related offenses..