IMMIGRATION PROSECUTIONS THREATEN TO OVERWHELM TEXAS COURTS

Over the past few years, the INS’ enforcement budget has doubled, as has the number of Border Patrol agents in the Southwest US.  While many argue these efforts have had little impact on the number of people crossing illegally into the US, there are those who have seen tremendous changes. Texas judges are definitely one such group..  Since 1995, the number of immigration prosecutions brought in the Western District of Texas, which covers the western half of the state, has grown from 274 to 1518 in 1999, according to statistics recently released by the Administrative Office of the US Courts.  According to the court clerk of the district, this is more immigration prosecutions than occur in any other district, including southern California.

Even as the District Court is experiencing a rapid growth in its caseload, it has received no additional funding. This has, in turn, prompted criticism from many judges in the district.  They are concerned that while things are currently proceeding as they should, and that people before them are receiving fair hearings, that without assistance the system will soon reach a breaking point. 

Many advocates, however, do not share the judges’ view that the situation now is fair for those facing prosecution for immigration violations.  In many courts faced with large caseloads, hearings for misdemeanors like crossing the border without inspection are conducted with as many as eight defendants at one time.  Sometimes these people are provided with legal assistance, but just as often they do not have the help of a lawyer.  While a guilty plea to a misdemeanor may mean that the person does not spend much time in jail, such a plea can have drastic consequences for a person later seeking to enter the US.  Moreover, many fear that some of the people who are sent through the system in this way may have valid asylum claims that are being ignored.

Critics of the situation in Texas say prosecutors should use their discretion in determining which cases to bring. They also have severe criticism for Congress.  It is congressional policy to increase the number of immigration prosecutions as a way to deter illegal entries. But, as advocates see the situation, it has had little deterrent effect.  In the past people who crossed the border would be deported. Now they are still deported, but with a criminal record.