John Scalia

Marika F. X. Litras

BJS Statisticians

In fiscal year 2000, 16,495 persons

were referred to U.S. attorneys for a

suspected immigration offense as the

most serious charge. This represents

a record high in a rising trend following

passage of the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996.

In addition to immigration offenses,

U.S. attorneys prosecuted an

increased number of noncitizens

charged with other offenses — particularly drug trafficking offenses. Between

1985 and 2000 the number of noncitizens prosecuted by U.S. attorneys for

drug trafficking offenses increased

from 1,799 to 7,803.

The 1996 act authorized increases in

law enforcement by the U.S. Immigration and Naturalization Service (INS).

Following enactment, the number of

INS law enforcement officers increased

from 12,403 to 17,654. The Border

Patrol received almost two-thirds of the

additional officers. About 75% of the

increase in referrals to U.S. attorneys

for immigration offenses between 1996

and 2000 was observed in the five

States that received the greatest

number of new INS officers.

Seventy-five percent of the immigration

suspects referred to U.S. attorneys

during 2000 were investigated for

Federal Justice Statistics Program

Immigration Offenders in the Federal

Criminal Justice System, 2000

 August 2002, NCJ 191745

• From 1996 to 2000 the number of

persons referred to U.S. attorneys for

a suspected immigration offense as

the most serious charge more than

doubled from 7,100 to over 16,000.

During the 10 years prior to 1996 the

annual number of suspected immigration offenders ranged from 5,500 to

8,800.

• The number of defendants prosecuted for an immigration offense rose

from 6,605 in 1996 to 15,613 in 2000.

• 75% of immigration offenders were

charged with unlawfully entering (25%)

or reentering (50%) the United States;

20% were charged with alien

smuggling; and 5% were charged with

offenses relating to misuse of visas 

or other immigration offenses.

• 57% of suspected immigration offenders were Mexican citizens; 7%,

U.S. citizens; 3%, Chinese; and 28%,

all other nationalities. Mexicans 

(87%) and Chinese (93%) were most

often charged with unlawful entry or

reentry; U.S. citizens (64%) were most

often charged with alien smuggling.

• The number of immigration offenders serving a Federal prison sentence

increased from 1,593 during 1985 

to 13,676 during 2000. Average time

to be served by immigration offenders

entering Federal prison increased

from about 4 months in 1985 to 21

months in 2000.

• 13% of immigration offenders

released from Federal prison during

1995-97 were readmitted within 3

years of release: 77% for a new

offense, 22% for a supervision violation, and 1% for other reasons.

Highlights

1985 1988 1991 1994 1997 2000

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

Federal immigration suspects

During 2000, 16,495 persons were referred to U.S. attorneys for a

suspected immigration offense as the most serious charge

Bureau of Justice Statistics

Special Report

U.S. Department of Justice

Office of Justice Programs
unlawfully entering or reentering the

United States. Twenty percent were

investigated for smuggling aliens and

5% for misuse of visas or other

immigration violations (table 1).

The incarceration rate of convicted

immigration offenders increased from

57% to 91% between 1985 and 2000.

Average time to be served in prison

increased from 3.6 months to 20.6

months over the same period. These

increases were due in part to changes

in Federal sentencing policy during the

1980's and 1990's, which increased the

likelihood that immigration offenders

would be sentenced to prison and that

their sentences would be longer.

Increased prosecutions and changes to

sentencing policy have had a substantial effect on the size of the Federal

prison population. Between 1985 and

2000 the number of immigration

offenders serving a sentence of imprisonment at yearend increased almost

9-fold — from 1,593 to 13,676. 

The increase in immigration offenders

incarcerated accounted for 14% of the

overall growth in the Federal prison

population between 1985 and 2000.

Nationality of persons investigated

Over half (57%) of suspects investigated by U.S. attorneys for immigration

offenses during 2000 were citizens of

Mexico (table 2). Most (87%) of the

Mexicans investigated were suspected

of unlawfully entering or reentering the

United States — 63%, reentry by a

removed alien; 24%, improper entry;

11%, alien smuggling; and 3%,

offenses related to misuse of visas and

other immigration violations.

Persons from countries in Asia and

Oceania comprised the second largest

group of noncitizens investigated for

immigration offenses (4%). Most of the

Chinese nationals investigated were

suspected of unlawful entry into the

United States (93%); 5%, alien

smuggling; 2%, misuse of visas; and

1%, reentry. While more than half of

suspects from other Asian countries

were charged with unlawful entry or

reentry, they were among those most

2 Immigration Offenders in the Federal Criminal Justice System, 2000

Note: Data describe suspects with an

immigration offense as the lead charge.

Data source: Executive Office for U.S. 

Attorneys, central system data file, 

fiscal year.

805 4.9%

Misuse of visas 

and other

8,334 50.5

Reentry by removed 

aliens

Improper entry 4,018 24.4

12,352 74.9%

Unlawful entry 

or reentry

3,338 20.2%

Smuggling, transporting, or harboring 

unlawful aliens

Total 16,495 100.0%

Immigration offense Number Percent

Table 1. Suspects referred to U.S.

attorneys for an immigration offense

as the most serious charge, 2000

In fiscal year 2000, 16,495 matters

were referred to U.S. attorneys for 

a suspected immigration offense as

the primary charge. In an additional

919 matters persons were suspected

of an immigration offense as one or a

number of secondary charges only.

Among these 919 matters, 

! 9% involved smuggling as a 

secondary offense

! 27% entry

! 45% reentry

! 25% misuse of visas and other

immigration offenses.

In over half (56%) of the 919 matters,

the secondary immigration offense

was associated with a primary charge

of fraud. Drug trafficking was the

primary charge in 24%, and a

weapons offense, the primary charge

in about 6% of matters.

Immigration violations as a secondary charge

a

Includes 1,308 suspects for whom an investigation record could not be matched 

with an arrest record to ascertain nationality. 

b

Includes 158 suspects from other countries not listed explicitly. 

Data source: Composite: Executive Office for U.S. Attorneys and U.S. Marshals Service,

Prisoner Tracking System, annual.

2,835 78.1% 25.5% 52.6% 13.4% 8.5%

Not indicated 

on arrest record

Other 56 73.2 21.4 51.8 10.7 16.1

Colombia 55 70.9 7.3 63.6 10.9 18.2

South America

Europe 134 73.1 29.9 43.3 16.4 10.5

Other 198 85.4 40.4 45.0 9.1 5.6

Dominican Republic 190 89.0 13.2 75.8 4.7 6.3

Caribbean

Other 25 92.0 32.0 60.0 4.0 4.0

Guatemala 67 77.6 22.4 55.2 1.5 20.9

El Salvador 113 92.0 40.7 51.3 6.2 1.8

Honduras 223 91.9 31.8 60.1 3.6 4.5

Central America

Other 165 60.6 35.8 24.9 28.5 10.9

China 433 93.1 92.4 0.7 5.1 1.9

Asia and Oceania

Other countriesb 1,817 82.9% 45.5% 37.4% 9.7% 7.5%

Mexico 9,425 86.6% 23.7% 62.9% 10.8% 2.6%

U.S. citizen 1,110 29.8% 13.3% 16.5% 64.3% 6.0%

Totala 16,495 74.9% 24.4% 50.5% 20.2% 4.9%

Misuse of

visas/other

SmugglingReentry by

removed alien

Improper

Number Total entry

Geographic region 

and nationality

Unlawful entry or reentry

Immigration offenses

Table 2. Nationality of suspects in matters referred to U.S. attorneys 

for immigration offenses as the most serious charge, 2000
likely to be charged with alien

smuggling (29%).

U.S. citizens are not immune from

prosecution for immigration offenses.

During 2000, 7% (or 1,110) of suspected immigration offenders were U.S.

citizens. Of these, 64% were suspected of alien smuggling and 30%

charged with otherwise furthering the

entry or reentry of a noncitizen into the

United States.

Geographical distribution

of immigration suspects

During 2000, 63% of all the persons

(or 10,331) suspected of immigration

offenses were referred to U.S. attorneys in 5 Federal judicial districts:

Texas, Western (18%), California,

Southern (14%), Arizona (13%), Texas,

Southern (11%), and New Mexico

(6%). In each district the U.S. attorneys received more than 1,000 referrals (figure 1). Among these five

judicial districts, immigration offenses

accounted for 39% of all referrals

made to U.S. attorneys: Texas,

Western (39% of all referrals); California, Southern (44%); Arizona (43%);

Texas, Southern (31%); and New

Mexico (38%) (not shown in a table).

Suspects in matters concluded by

U.S. attorneys

During 2000 U.S. attorneys concluded

16,110 matters involving a person

suspected of an immigration offense as

the most serious charge (table 3).

Persons suspected of immigration

offenses accounted for 14% of all

matters concluded by U.S. attorneys in

2000 (Federal Criminal Case Processing, 2000, BJS report, NCJ 190379,

table 3).

About 75% of suspects in immigration

matters concluded were investigated

for unlawfully entering (25%) or

reentering (50%) the United States.

Additionally, 20% were investigated 

for smuggling, transporting, or harboring unlawful aliens, and 5% were

suspected of misuse of visas and other

offenses related to removal of aliens.

Compared to prosecutorial declinations

for other offenses, U.S. attorneys

refused to prosecute few referrals for

immigration offenses. During 2000,

3% of immigration offense referrals

and 26% of all referrals were declined

for Federal prosecution. (Federal

Criminal Case Processing, 2000, BJS

report, NCJ 190379, table 3). Immigration offenses involving unlawful entry or

reentry were the most likely to be prosecuted (98%), while those involving

misuse of visas and other violations

(90%) were the least likely (table 3).

Immigration Offenders in the Federal Criminal Justice System, 2000 3

Suspects investigated

 Less than 100

 100 to 499

 500 to 999

 1,000 or more

Suspects in matters referred to U.S. attorneys for immigration offenses as the

most serious charge, by Federal judicial district, 2000

Note: Alaska and Hawaii each

received less than 100 referrals.

Note: Data describe suspects with an immigration offense as the lead charge.

Data source: Executive Office for U.S. Attorneys, central system data file, fiscal year.

Misuse of visas and other 762 89.8% 10.2%

Reentry by removed aliens 8,098 97.9 2.1

Improper entry 3,995 98.3 1.7

Unlawful entry or reentry 12,093 98.0% 2.0%

Smuggling, transporting, or 3,225 94.4% 5.6%

harboring unlawful aliens

Total 16,110 96.9% 3.1%

Offense Total Prosecuted Declined for prosecution

Percent of suspects

Table 3. Suspects in matters concluded by U.S. attorneys for an immigration

offense as the most serious charge, 2000

Figure 1

Data source: U.S. Sentencing Commission,

monitoring data file, fiscal year.

Other 6 0.3

11 0.6

Serious, permanent, 

or life threatening

Death 14 0.8

Actual injury 31 1.7

Risk of injury only 323 18.0

None 1,442 80.3%

Injury caused

100 or more 79 4.4

25 to 99 232 12.9

6 to 24 945 52.6

5 or fewer 540 30.1%

Number of aliens

smuggled 

90 5.0%

Defendant organized 

or otherwise led a

smuggling operation

170 9.5%

Defendant committed 

the offense for profit

 Total 1,796 100.0%

Characteristic Number Percent

Table 4. Defendants convicted 

in Federal courts of smuggling, 

transporting, or harboring unlawful

aliens, 1999
Available data describing alien

smuggling offenses indicate that in the

2,043 cases investigated by the INS

Inspections Division during 1999 a total

of 41,364 smuggled aliens were

located and arrested (INS, 1999 Statistical Yearbook, table 59). For those

defendants who were convicted of

alien smuggling and sentenced during

1999, 70% smuggled 6 or more aliens

into the United States (table 4).

About 20% of defendants convicted of

alien smuggling and sentenced during

1999 received an enhanced sentence

for risking (18%) or actually causing

bodily harm (2%) to those they

attempted to smuggle into the United

States.

Characteristics of defendants

charged

Demographic characteristics

According to data collected by the

Pretrial Services Administration, most

(87%) of the 14,540 Federal defendants charged with an immigration

offense, were Hispanic; 4% were

identified as white; 3% black; and 6%

all other races and ethnicities (table 5).

More than 9 in 10 were male. More

than half were age 30 or younger; 33%,

31 to 40; and 14%, over age 40.

Criminal history

More than two-thirds of the defendants

charged with an immigration offense

were identified as having been previously arrested. Thirty-six percent had

been arrested on at least 5 prior

occasions; 22%, 2 to 4 times; and

12%, 1 time (table 6).

Sixty-one percent of those defendants

had been convicted at least once; 18%,

5 or more times; 26%, 2 to 4 times; 

and 17%, 1 time. Of those charged,

49% had previously been convicted

of a felony: 20% of a drug offense;

18%, a violent offense; and 11%, other

felony offenses. Twelve percent had

previously been convicted of a

misdemeanor.

Defendants charged with unlawful

reentry had the most extensive criminal

histories. Nine in ten had been previously arrested. Of those with a prior

arrest, half had been arrested on at

least 5 prior occasions (figure 2). 

Fifty-six percent of those charged with

a reentry offense had previously been

convicted of a violent or drug-related

felony (figure 3). By contrast, under half

of those charged with alien smuggling,

a third of those charged with unlawful

4 Immigration Offenders in the Federal Criminal Justice System, 2000

Note: Represents defendants charged with a

felony or Class A misdemeanor immigration

offense as the most serious charge. Information about gender was missing for 17 defendants, race/ethnicity for 125, and age for 43.

Data source: Administrative Office of the

U.S. Courts, pretrial services data file, fiscal

year.

Over 40 years 2,037 14.1

31 to 40 4,719 32.6

21 to 30 6,643 45.8

19 to 20 823 5.7

Under 19 years 275 1.9%

Age

Other 801 5.6

Hispanic 12,557 87.1

Black 419 2.9

White 638 4.4%

Race/ethnicity

Female 1,117 7.7

Male 13,406 92.3%

Gender

Total 14,540 100%

Number Percent

Characteristic of

Federal immigration

defendants 

Table 5. Demographic characteristics

of Federal defendants charged with

immigration offenses, 2000

Figure 3

Note: Represents defendants charged with a

felony or Class A misdemeanor immigration

offense as the most serious charge. “Other”

includes defendants with warrants, walk-off

status, or unknown criminal justice status.

Data source: Administrative Office of the

U.S. Courts, pretrial services data file, fiscal

year.

Other 2,086 14.3

 in question 4,337 29.8

Immigration status

Probation 649 4.5

659 4.5

Parole/supervised

 release

Pretrial release 117 0.8

Not under supervision 6,692 46.0%

Criminal justice

status at arrest

Misdemeanor 1,731 11.9

Other 1,590 10.9

Drug 2,891 19.9

Violent 2,672 18.4

Felony 7,153 49.2

No prior convictions 5,656 38.9%

Nature of prior

convictions

5 or more 2,674 18.4

2 to 4 3,736 25.7

1 2,474 17.0

None 5,656 38.9%

Number of prior

convictions

5 or more 5,172 35.6

2 to 4 3,238 22.3

1 1,789 12.3

None 4,341 29.9%

Number of prior

arrests

Total 14,540 100%

Characteristic Number Percent

Table 6. Criminal history of Federal 

defendants charged with immigration

offenses, 2000

Types of prior conviction offense of defendants charged with immigration offenses, 2000

Reentry

Smuggling

Entry

Misuse of visas

0% 25% 50% 75% 100%

Violent Drug

Other

felony Misdemeanor

Number of prior arrests for defendants charged with immigration offenses, 2000

Reentry

Smuggling

Entry

Misuse of visas

0% 25% 50% 75% 100%

1 2-4 5 or more

Figure 2
entry, and just over a quarter those

charged with misuse of visas

and other charges had previously been

arrested. The criminal histories of

these defendants were generally less

extensive: more than 70% had been

previously arrested fewer than 5 times

(figure 2).

Trends in prosecution 

of immigration offenses, 1985-2000 

Between 1985 and 2000 the number 

of persons referred to U.S. attorneys

for a suspected immigration offense —

as the most serious charge —

increased from 7,239 to 16,495 

(figure 4). The number of defendants

charged during this period increased

from 6,744 to 15,613. While the

number of referrals to U.S. attorneys

for suspected immigration offenses

fluctuated during the pre-1996 period,

following passage of the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996 (Pub. L.

104-208, 110 Stat. 3009), referrals to

U.S. attorneys increased substantially.

Among its several provisions, the 1996

act authorized increases for INS law

enforcement, particularly Border Patrol

officers. INS law enforcement grew

42% from 12,403 officers during 1996

to 17,654 during 2000.

About 84% of the increase in INS law

enforcement officers occurred in 5

States: Texas (1,880 additional

officers), Arizona (1,120), California

(973), New York (235), and Florida

(152). In addition, between 1996 and

2000 referrals to U.S. attorneys in

Texas, Arizona, California, New York,

and Florida for immigration offenses

increased from 5,070 during 1996 to

12,118 during 2000 (not shown in a

table). These States accounted for

75% of the overall increase in the

number of immigration referrals to 

U.S. attorneys.

Changes in Federal sentencing law

also had a substantial impact on the

processing of immigration offenders,

by increasing the average length of

prison sentences and requiring offenders to serve a greater proportion of the

sentence imposed.

After sentencing guidelines were implemented in 1987, the proportion 

of immigration offenders convicted 

of a felony who were sentenced to

prison increased from 57% in 1985 to

91% in 2000 (Compendium of Federal

Justice Statistics, annual). For immigration offenders entering prison, time

to be served increased from 3.6

months, on average, during 1985-87 to

20.6 months during 2000 (figure 5). 

The increase in average time to be

served followed amendments to the

Federal sentencing guidelines that

addressed immigration offenders with

serious criminal histories. These

amendments included substantial

sentencing enhancements for immigration offenders who had previously been

deported after a conviction for an

"aggravated felony" such as violent

drug trafficking or felony property

offenses or who were convicted of

smuggling more than six aliens. (See,

U.S.S.G. App. C, Nos. 193, 196, 375,

450, and 524.) 

Following these amendments, the

4-to-10 month base sentencing range

for defendants convicted of unlawfully

re-entering the United States after

conviction of an "aggravated felony"

increased from 57 to 71 months.1

 The

10-to-16 month base sentencing range

for defendants involved with alien

smuggling increased to the following:

18 to 24 months for smuggling 6 to 24

aliens; 27 to 33 months for smuggling

25 to 99 aliens; and 47 to 46 months

for smuggling 100 or more aliens.2

A greater INS presence in the Southwest and more severe penalties for

immigration offenses have accompanied an increase in the number of

immigration offenders in Federal

prisons. Between 1985 and 2000 the

number of immigration offenders under

sentence in a Federal prison increased

from 1,593 to 13,676 (figure 6). 

Immigration Offenders in the Federal Criminal Justice System, 2000 5

Source: BJS, Federal Law Enforcement Officers

statistical series.

Florida 637 789

New York 949 1,184

Arizona 1,015 2,135

California 3,587 4,560

Texas 3,164 5,044

Top 5 States of employment

Deportation or detention 1,702 2,518

Inspection or investigation 5,260 6,317

Border Patrol 5,441 8,819

Type of assignment

Total 12,403 17,654

1996 2000

1985 1990 1995 2000

0

4,000

8,000

12,000

16,000

Admitted to prison

Charged

Investigated

Immigration offenders

Figure 4

1985 1990 1995 2000

0

5

10

15

20

25

Average time to be

served by immigration

offenders entering

Federal prisons

Months

Figure 5

Figure 6

1

Guideline range increases assume Criminal

History Category II, which represents a single

prior conviction resulting in a sentence of more

than 1 year. For defendants with more extensive criminal histories such as those classified in

Criminal History Category VI – more than 4 prior

sentences of more than 1 year – the 18-to-24

month base sentencing range became 100 to

125 months. 

2

Guideline range increases assume Criminal

History Category I. 

1985 1990 1995 2000

0

4,000

8,000

12,000

16,000

Immigration offenders

Federal prison

population
Defendants adjudicated in the

Federal courts

During 2000, 96% of those adjudicated

of an immigration offense were convicted (table 7). Of those defendants

convicted, 85% were sentenced to

prison, 5% were sentenced to probation, and 10% received another sanction such as a fine. Defendants

charged with unlawful reentry were the

most likely to receive a prison sentence

(95%); those charged with misuse of

visas and other violations, the least

(70%).

Among immigration offenders, defendants convicted of unlawful reentry

were likely to have received the longest

prison terms, an average of 36 months.

Those convicted of misuse of visas

and other immigration violations

received on average the shortest — 

13 months (figure 7).

Offenders under Federal 

correctional supervision

Incarcerated

During 2000, 13,676 offenders convicted of an immigration offense were

serving a sentence of imprisonment in

Federal prisons: 89% following a conviction for unlawfully entering or reentering the United States; 11%, alien

smuggling; and less than 1%, offenses

relating to the misuse of visas and

other immigration violations (table 8).

6 Immigration Offenders in the Federal Criminal Justice System, 2000

*Total includes observations for which a specific characteristic was not recorded. 

--No observations.

Data source: Bureau of Prisons, SENTRY data file, annual.

Other 1,559 5.9 65.2 31.5 3.3

Mexico 13,574 13.7 79.4 19.4 1.2

Noncitizen 15,133 12.9 78.7 20.0 1.3

U.S. citizen 296 27.4% 25.9% 74.1% 0.0%

Citizenship

Over 40 years 1,490 14.0 65.6 30.1 4.3

31 to 40 4,958 14.4 76.3 22.8 0.8

21 to 30 7,862 12.8 78.3 20.9 0.9

19 to 20 917 9.1 84.3 14.5 1.2%

Under 19 years 200 11.5% 87.0% 13.0% --

Age at first release

Misuse of visas and other -- -- -- -- --

Unlawful entry or reentry 13,487 13.1 80.3 18.4 1.3

1,596 12.9% 45.2% 53.9% 1.0%

Smuggling, transporting, or 

 harboring unlawful aliens

Original offense of conviction

Total* 15,429 13.2% 76.6% 22.1% 1.2%

Other

Supervision

violation

New

Total offense

Number

Characteristic released

Reason

Percent of offenders returned to Federal prison

Table 9. Immigration offenders returning to Federal prison within 3 years of

release from a U.S. district court commitment, 1995-1997

Data sources: Bureau of Prisons, SENTRY data file; Administrative Office of the U.S. Courts,

FPSIS data file.

Supervised release 871 751 92 28

Probation 1,329 731 535 63

Community supervision 2,200 1,482 627 91

Prison 13,676 1,493 12,143 40

Total 15,876 2,975 12,770 131

Misuse of visas

and other

Unlawful entry

All Smuggling or reentry

Type of correctional

supervision

Immigration offenders, by type of offense

Table 8. Immigration offenders under correctional supervision, 

by offense of conviction, 2000

*Convicted defendants only. 

Data source: Administrative Office of the U.S. Courts, criminal master file, 2000.

12,429 2,590 9,528 2,623 6,905 311

Number of

defendants

Other 10.1 8.5 10.1 25.0 4.4 24.1

Probation 4.5 15.4 1.5 3.7 0.7 6.0

Prison 85.4% 76.1% 88.4% 71.4% 94.8% 69.9%

Type of sentence

imposed*

Convicted 96.0 94.9 96.3 96.0 96.4 96.1

Not convicted 4.0% 5.1% 3.7% 4.0% 3.6% 3.9%

Outcome 

event All Smuggling Total Entry Reentry visas/other 

Case processing Unlawful entry or reentry Misuse of 

Percent of immigration offense defendants, by type of offense

Table 7. Defendants adjudicated in Federal courts of an immigration offense as

the most serious charge, 2000
Community supervision

In addition to offenders held in Federal

prisons, 2,200 offenders convicted of

an immigration offense were serving a

term of community supervision: 60%

term of probation and 40%, supervised

release. About two thirds of defendants serving a sentence of community

supervision had been convicted of

alien smuggling; 29% entry/reentry;

and 4% misuse of visas and other

offenses.

Immigration offenders returning to

Federal prison

Approximately 13% of immigration

offenders released from Federal prison

during 1995-97 were readmitted within

3 years (table 9). These offenders

most often (77%) were returned following a conviction for a new Federal

offense; 22% were returned following

adjudication of a supervision violation;

and 1% for other reasons. More than

90% of offenders who were returned

for a new offense were readmitted

following a conviction for an immigration offense (not shown in a table).

Overall, immigration offenders who

were readmitted within 3 years of their

first release served 28 months, on

average, for the original conviction (not

shown in a table). The interval from

release to readmission was approximately 18 months, on average; 30% of

the immigration offenders who were

readmitted returned within the first year

following release. Upon readmission,

the estimated time these offenders

could expect to serve was 22 months.

Defendants returning for new crimes

could expect to serve longer terms

upon readmission (25 months) than

those returning for supervision violations (14 months).

Offenders originally convicted of alien

smuggling returned at a greater rate for

supervision violations (54%) than those

convicted of unlawful entry or reentry

(18%) (table 9). Offenders convicted

of unlawful entry or reentry, on the

other hand, were more likely to return

for new offenses (80%) than those

convicted of alien smuggling (45%).

Older offenders were more likely to

return than younger offenders: about

14% of offenders 31 years or older

were readmitted to Federal prison

compared to roughly 10% of those 30

years or younger. 

While U.S. citizens were the most likely

to be readmitted (27%), they were

returned to prison primarily for supervision violations. Most of the noncitizens

(79% of the Mexicans who were

readmitted) were returned for new

offenses.

Immigration Offenders in the Federal Criminal Justice System, 2000 7

Figure 7

Misuse of visas

Smuggling

Entry

Reentry

0 10 20 30 40

Months

Average length of prison sentence for

convicted immigration offenders, 2000

The INS has the initial responsibility

for determining who may be admitted

to the United States. The INS also

has the responsibility for enforcing

immigration laws. Border Patrol

agents or Investigations special

agents perform almost all the work 

of locating and arresting illegal aliens.

Immigration inspectors work to

prevent the entry of inadmissable

aliens at a port of entry. 

Approximately 30 million aliens legally

enter the United States annually (INS,

1999 Statistical Yearbook, table 37).

Almost all (98%) are temporary

admissions — primarily for pleasure.

While the total number of aliens

unlawfully entering the United States

is not known, during 1999 INS agents

apprehended 1,714,035 aliens who

had unlawfully entered or remained 

in the United States (figure). 

Of these apprehensions —

• 90% were made along the Southwest border 

• 95% involved Mexicans

• 98% entered the United States

without inspection (INS, table 58).

Criminal prosecution of illegal aliens

represents a small component of the

INS enforcement strategy. The INS

can remove an alien from the United

States by initiating a formal deportation, exclusion, or removal proceeding

or by offering the alien the opportunity

to depart voluntarily.

During 1999 the INS removed almost

1.8 million aliens who unlawfully

entered or remained in the United

States (INS, table 60). Of these, 90%

accepted an offer of voluntary departure and 10% were removed following

a formal removal proceeding such as

a determination of deportability or

inadmissability. 

Apprehending and removing illegal aliens

1985 1990 1995

0

500,000

1,000,000

1,500,000

2,000,000

Number of aliens apprehended 

1999

by the INS
 

8 Immigration Offenders in the Federal Criminal Justice System, 2000

Between 1985 and 2000 the number of noncitizens

charged with an offense in Federal courts increased from

4,539 to 23,477 (table). More than half of the increase in

the number of noncitizens prosecuted can be attributed to

the increase in

immigration

offenders from

1,636 to 12,364.

In 2000 U.S.

attorneys in five

Federal judicial

districts prosecuted over half

the noncitizens:

Arizona (17.1%),

Texas, Southern

(11.7%), California, Southern

(10.1%), Texas,

Western (8.7%),

and New Mexico

(5.6%) (not

shown in a

table).

Noncitizens accounted for about a third of the growth in 

the Federal prison population, 1985-2000 (not shown in a

table). In 1985, 5,561 noncitizen Federal inmates were

14% of the total; in 2000, 37,243 noncitizen inmates were

29% of all Federal prisoners (figure). During 2000, 54% of

noncitizen inmates had been convicted of a drug offense;

35% of an immigration offense; and 11% of other offenses.

Two-thirds of the growth in the number of noncitizen

inmates from 1996 to 2000 was related to the increase in

immigration offenders. The number of noncitizen immigration offenders in Federal prisons increased from 4,411

during 1996 to 13,162 during 2000.

Noncitizens prosecuted in Federal courts and incarcerated in Federal prisons

Data source: Administrative Office of the U.S. 

Courts, pretrial services agency data file, annual.

Note: Changes in the structure of the pretrial 

file during 1990 made unavailable the data 

describing noncitizens prosecuted.

2000 23,477 7,803 12,364 3,310

1999 20,812 7,248 10,539 3,025

1998 21,368 7,079 11,414 2,875

1997 17,374 6,045 8,232 3,097

1996 15,866 5,786 7,009 3,071

1995 13,595 5,234 5,315 3,046

1994 10,352 4,633 3,477 2,242

1993 10,679 5,274 3,022 2,383

1992 9,761 4,506 3,183 2,072

1991 9,583 4,182 3,453 1,948

1990 Data not available

1989 10,087 4,473 3,309 2,305

1988 8,419 3,980 2,474 1,965

1987 6,215 3,287 1,166 1,762

1986 4,230 1,805 1,240 1,185

1985 4,539 1,799 1,636 1,104

Year Total Drug Immigration Other

Offense charged

Noncitizens charged with an offense 

in Federal courts, 1985-2000

1985 1987 1989 1991 1993 1995 1997 1999

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

Noncitizens in Federal prisons

Drug

Immigration

Other

2000

Immigration offenses in this report are defined according

to the BJS filing offense classification which is based on

the classification procedure followed by the Administrative

Office of the U.S. Courts. Immigration is one of 41 offense

categories in the BJS classification system and is

composed largely of the following Federal statutes:

Smuggling, transporting, and harboring

8 U.S.C. § 1322: prohibits bringing into the United States

an alien(s) subject to denial of admission due to lack 

of the proper authorization or documentation.

8 U.S.C. § 1323: prohibits unlawful bringing of aliens 

into the United States.

8 U.S.C. § 1324: prohibits bringing in and harboring

certain aliens.

8 U.S.C. § 1327: prohibits aiding or assisting certain 

aliens to enter the United States.

Unlawful entry and reentry

8 U.S.C. § 1325: prohibits improper entry by an alien.

8 U.S.C. § 1326: prohibits reentry of removed aliens.

Misuse of visas and other violations

18 U.S.C. § 1546: prohibits fraud and misuse of visas,

permits, and other documents.

8 U.S.C. § 1252 and 8 U.S.C. § 1253: involves orders 

of removal of aliens and penalties related to removal.

8 U.S.C. § 1321: prohibits persons from failing to prevent

the unauthorized entry of aliens.

Immigration related offenses which are not classified as

immigration offenses in this report include the following:

importation of aliens for immoral purposes such as prostitution (8 U.S.C. § 1328) which is classified technically as 

a sex offense rather than as an immigration offense; false

impersonation as a U.S. citizen (18 U.S.C. § 911), reproduction of citizenship papers (18 U.S.C. § 1426), and false

statements in application and use of a passport (18 U.S.C.

§ 1542) which largely are classified as fraud offenses. 

For additional information about the Federal Justice Statistics Program’s offense classification procedures, see

Methodology section of the Compendium of Federal

Justice Statistics, 2000, NCJ-194067.

Selected Federal immigration statutes
Immigration Offenders in the Federal Criminal Justice System, 2000 9

The Bureau of Justice Statistics 

is the statistical agency of the 

U.S. Department of Justice.

Lawrence A. Greenfeld is director.

John Scalia and Marika F. X. Litras,

statisticians formerly with BJS, 

wrote this report under the supervision of Steven Smith. Carol J.

DeFrances and Keonna Feaster

provided statistical review and verification. William Adams, Avi Bhati,

Barbara Parthasarathy, Juliet Scarpa

from the Federal Justice Statistics

Resource Center staff, under the

supervision of Laura Winterfield,

provided technical assistance and

review. The Administrative Office of

the U.S. Courts staff and Pragati

Patrick, under the supervision of

Steven Schlesinger, provided

substantive review. Tina Dorsey and

Tom Hester edited this report. 

August 2002, NCJ 191745

This and other reports presenting

criminal justice statistics, together

with graphs, electronic files, and

data online, may be accessed at the

BJS website <http://www.ojp.usdoj.

gov/bjs/>.

Available through the BJS website,

the Federal Justice Statistics

Resource Center, <http://fjsrc.urban.

org>, offers comprehensive information about Federal case

processing.