Criminal Defense of Immigrants
§ 1.1 I. Introduction
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IMMIGRATION LAW " COMPLEXITY
Castro-ORyan v. U.S. Dept of Immigr. & Naturalization, 847 F.2d 1307, 1312 (9th Cir. 1988) (With only a small degree of hyperbole, the immigration laws have been termed second only to the Internal Revenue Code in complexity. (quoting Elizabeth Hull, Without Justice for All 107 (1985))).
STATISTICS " IMMIGRATION OFFENSES CONSTITUTE THE LARGEST CATEGORY OF U.S. MARSHAL ARRESTS
Immigration crime was the most common category of federal crime for which suspects were arrested and booked by the U.S. Marshals Service (USMS), the federal agency responsible for taking a criminal suspect into custody. Mark Motivans, Department of Justice, Bureau of Justice Statistics, Federal Justice Statistics, 2010 (Dec. 2013). Thanks to crimmigration.com.
STATISTICS - IMMIGRANTS COMMIT FEWER CRIMES
Immigrants are far less likely than the average U.S.-born citizen to commit crime in California, the most populous state in the United States, according to a report issued late on Monday. People born outside the United States make up about 35 percent of California's adult population but account for about 17 percent of the adult prison population, the report by the Public Policy Institute of California showed. According to the report's authors the findings suggest that long-standing fears of immigration as a threat to public safety are unjustified. The report also noted that U.S.-born adult men are incarcerated at a rate more than 2 1/2 times greater than that of foreign-born men. Kristin Butcher and Anne Piehl, Crime, Corrections, and California: What Does Immigration Have to Do with It?, 9 CALIFORNIA COUNTS: POPULATION TRENDS AND PROFILES, No. 3 (Feb. 2008).
INTRODUCTION - CRIMINALITY OF NONCITIZENS
"Myth of Immigrant Criminality and the Paradox of Assimilation, Incarceration Rate of Native Born and Foreign Born Men" http://www.ailf.org/ipc/special_report/sr_022107.pdf
T. Indritz & J. Baron, Immigration Consequences of Criminal Convictions, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 141 (2d ed. 2007).
IMMIGRANTS ARE LESS LIKELY TO COMMIT PREDATORY CRIMES THAN NATIVE-BORN UNITED STATES CITIZENS
Immigrants are less likely to commit predatory crimes than are native-born American citizens. Numerous studies have consistently found that immigrants are, in fact, less likely to commit crimes than the native-born. Despite this fact, restrictionist groups and sensationalizing media continue to propagate false images of immigrant communities plagued by crime and violence. The nation's leading experts on immigration and crime are setting the record straight. More than 130 sociologists, criminologists, and legal scholars have signed an open letter to President Bush, members of Congress, and state governors testifying that the problem of violent crime in the United States is not caused by immigrants, regardless of their legal status. In fact, they write, immigrants in every ethnic group in the United States have lower rates of crime and imprisonment than do the native-born. And over the past decade, as immigration rates have soared to historic highs, rates of violent crime and property crime have declined sharply. They urge lawmakers not to be swayed by unfounded myths and to base immigration policy on demonstrated facts, rather than false assumptions. The full Open Letter on Immigrants and Crime is available on the Immigration Policy Center (IPC) website. [http://www.ailf.org/ipc/ipc_openletter0507.shtml] Additional information on immigrants and crime can be found in the IPC's Special Report on the Myth of Immigrant Criminality and the Paradox of Assimilation.
BIBLIOGRAPHY - BUREAU OF JUSTICE STATISTICS WEB SITE
HYPERLINK "http://www.ojp.usdoj.gov/bjs/" http://www.ojp.usdoj.gov/bjs/ Bureau of Justice Statics homepage.
STATISTICS - IMMIGRATION-RELATED CRIMINAL PROSECUTIONS RISE ALMOST 16% OVER 2008
The latest Justice Department data show that federal prosecutions reached an all time high in FY 2009. The surge was driven by a sharp increase in immigration filings. According to timely case-by-case data obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC), overall federal prosecutions peaked at 169,612, up nearly 9 percent from the previous year. But the increase in immigration filings was much sharper -- 15.7 percent. This means that such prosecutions now make up well over half of all criminal cases brought by the government. Meanwhile, the prosecution of other major crime categories such as drugs, weapons and white collar crime was up only slightly or had actually declined. To obtain the fiscal year-end summary report, go to http://trac.syr.edu/tracreports/crim/223/ Thanks to the Transactional Records Access Clearinghouse.