WASHINGTON (By
John Schwartz, NYT) December 22,
2009 ― Federal prosecutions
reached a record high in the 2009 fiscal
year, with the surge driven by a sharp
increase in cases filed against
immigration violators.
The 169,612 federal prosecutions were a
jump of nearly 9 percent from the
previous year, according to Department
of Justice data analyzed by a research
center at Syracuse University in a new
report.
Immigration prosecutions were up nearly
16 percent, and made up more than half
of all criminal cases brought by the
federal government, the report said.
Much of the spike, immigration experts
say, arises from Bush administration
efforts to increase immigration
enforcement and to speed prosecutions.
The administration greatly increased the
number of Border Patrol agents and
prosecutors, and also introduced a
program known as Operation Streamline
that relied on large-scale processing of
plea deals in immigrant cases in some
parts of the country.
The relatively simple cases have become
the low-hanging fruit of the federal
legal system: Immigration prosecutions,
from inception to court disposal, are
lightning quick, according to the
report. While white-collar prosecutions
take an average of 460 days and
narcotics cases take 333, the
immigration cases are typically disposed
of in 2 days.
And while federal prosecutors decline to
prosecute about half of the white-collar
cases that are referred to them by law
enforcement agencies, they prosecute 97
percent of the immigration cases,
according to the Syracuse group.
The speed-up in federal immigration
prosecutions, however, has run afoul of
the federal courts presiding over
Arizona, which processed more than
22,000 immigration cases in the fiscal
year, nearly a quarter of those cited in
the report.
This month, a panel of the United States
Court of Appeals for the Ninth Circuit
ruled that the process of mass pleadings
violates the federal rule that protects
the accused from being forced into a
guilty plea.
Michael A. Olivas, an immigration expert
at the University of Houston Law Center,
said he was not surprised to find
immigration prosecutions No. 1 with a
bullet on the Syracuse list. I would
have been astounded if it wasnt one or
two, Mr. Olivas said. Were simply
pushing the cattle through the chutes.
David Burnham, who is co-director of the
Syracuse research group, known as the
Transactional Records Access
Clearinghouse, said for whatever reason,
the policy of Bush appears, from the
data, to have continued and maybe
accelerated.
The rise in federal immigration
enforcement figures has occurred as
crime has dropped over all. According to
new statistics from the Federal Bureau
of Investigation, also released Monday,
violent crimes reported to the bureaus
Uniform Crime Program dropped 4.4
percent over the previous year, the
third straight decline. Murder was down
10 percent, and property crimes dropped
by 6.1 percent, according to the report.