Syracuse's TRAC Immigration has determined that in January 2012 there was a 26% increase in criminal prosecutions for immigration-related crimes, and a 33% increase in convictions from the previous month. They found that the substantial growth of immigration-related criminal prosecutions is attributed to an increase of filings in U.S. Magistrate Courts.
Here are some of their findings:
- 100% of all federal criminal prosecutions for immigration offenses in January 2012 were referred by the Department of Homeland Security through recommendations of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).
- The most frequent criminal charge (56.8%) was violation of 8 U.S.C §1325: Entry of alien at improper time or place.
- 37.9% of the criminal prosecutions were for violation of 8 U.S.C. §1326: Reentry of deported alien.
- The third most prosecuted criminal charge was violation of 18 U.S.C. §1546: Fraud and misuse of visas, permits, and other documents.
- Over the past year there was an 800% increase in prosecutions for violation of 18 U.S.C. § 1028: Aggravated Identity Theft, and 826.7% increase of prosecutions for violation of 18 U.S.C. §1544: Misuse of passport.
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Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).