TIGHTER BORDER ENFORCEMENT PUSHES COURTS TO BREAKING POINT There are five federal judicial districts along the US border with Mexico. Over the past few years, as Congress has dramatically increased law enforcement in this area to combat both undocumented migration and illegal drugs, these districts have experienced just as dramatic an increase in their caseloads. These five districts – there are 94 in the entire country – account for 26 percent of all criminal cases filed in federal courts.
Because of the strain, judges are being called in from as far away as New England, and others who would have retired are being forced to stay on the job. Federal prosecutors, in an effort to deal with the crisis, have begun referring some low level offenses to state prosecutors. This effort almost backfired when district attorneys in Texas threatened to refuse to prosecute any more cases unless the federal government reimbursed them for the costs of the prosecutions. Congress authorized an emergency appropriation of $12 million for this.
While the law enforcement presence on the border has more than doubled since 1994, the court system has grown by only four percent. There are many reasons for this. First is the shortsightedness typical of so many politicians. They are often eager to address a problem, such as the war on drugs or undocumented immigration, but fail to think about the consequences of such action. Another reason rests with the historic dislike Congress has for the federal judiciary. Federal judges are political appointees who have lifetime tenure. This dislike is even more pronounced among Republicans, who have controlled Congress since 1996.
Last year Congress did create three new federal judgeships in Arizona. However, like many judicial positions across the country, they have remained vacant. Last month three Senators, Republicans Pete Domenici of New Mexico and Kay Bailey Hutchison of Texas, and Democrat Dianne Feinstein of California introduced a bill that would create eight new permanent judgeships on the border as well as five temporary positions. They are trying to inset the proposal into appropriations legislation.
Another problem, for which there is currently no proposed solution, is the overcrowding of jails and prisons in the border region. There is no federal detention center on the Southwest border, so those being held on federal charges must be kept in local facilities. While the federal government does reimburse local jails for housing federal detainees, the reimbursement does not always cover all the costs involved. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
