Prosecutions for 2019

Lead Charge: 08 USC 1325 - Entry of alien at improper time or place; etc.

Number Year-to-date 52,354
Percent Change from previous year 26.3
Percent Change from 5 years ago 79.9
Percent Change from 10 years ago 45
Percent Change from 20 years ago 1662

Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during the first eight months of FY 2019 the government reported 52,354 new prosecutions for these matters. Those cases had a lead charge of "08 USC 1325 - Entry of alien at improper time or place; etc.". If this activity continues at the same pace, the annual total of prosecutions will be 78,531 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is up 26.3% over the past fiscal year when the number of prosecutions totaled 62,185.

The comparisons of the number of defendants charged with offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).

Compared to five years ago when there were 43,652, the estimate of FY 2019 prosecutions of this type is up 79.9 percent. Prosecutions over the past year are higher than they were ten years ago. Overall, the data show that prosecutions of this type are up 45 percent from the level of 54,175 reported in 2009 and up 1662 percent from the level of 4,457 reported in 1999.

The long term trend in prosecutions for these matters going back to FY 1999 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of prosecutions of this type recorded each fiscal year. Projected figures for the current fiscal year are shown. Each presidential administration is distinguished by the color of the bars. To view trends month-by-month rather than year-by-year, see TRAC's monthly report series for the latest data.

Bar chart of shortyear

Figure 1: Criminal Prosecutions over the last 20 years

Leading Program Areas

Cases were classified by prosecutors into more specific types. The single largest number of prosecutions of these matters through May 2019 was for "Immigration", accounting for 99.6 percent of prosecutions.

The second largest number of matters were Prosecutions filed under the program area of "Civil Rights " (0.1%) .

Leading Investigative Agencies

The lead investigative agency for prosecutions through May 2019 was "Homeland Security - Customs and Border Protection" accounting for 97.3 percent of prosecutions referred.

As shown in Figure 3, additional agencies with substantial numbers of referrals were: Homeland Security - Immigration and Customs Enforcement (2.3%).

Pie chart of proggrplabel

Figure 2: Specific types of prosecutions
Pie chart of agengrp

Figure 3: Prosecutions by Investigative Agency

Top Ranked Judicial Districts

During FY 2018 the Justice Department said the government obtained 190.9 prosecutions for every one million people in the United States. If pace during the first eight months of FY 2019 continues at the same rate, prosecutions for one million people in the United States this year will be 241.1 . Understandably, there is great variation in the per capita number of prosecutions in each of the nation's ninety-four federal judicial districts

Judicial District Percapita Count Rank 1yr ago 5yrs ago 10yrs ago 20yrs ago  
Texas, S 4,189 27,220 1 1 1 1 7 More
Cal, S 2,426 5,693 2 4 4 5 2 More
Texas, W 2,014 9,694 3 3 2 3 1 More
N Mexico 1,634 2,275 4 2 5 4 5 More
Arizona 1,535 7,178 5 5 3 2 11 More
N. Y., N 85 193 6 7 7 7 4 More
Vermont 53 22 7 6 6 10 8 More
Wash, E 19 20 8 - 36 22 42 More
Maine 6 5 9 9 11 36 14 More
N Dakota 4 2 10 8 8 53 17 More

Table 2: Top 10 districts (per one million people)

  • The Southern District of Texas (Houston)—with 4,189.34 prosecutions as compared with 241.1 prosecutions per one million people in the United States—was the most active through May 2019. The Southern District of Texas (Houston) was ranked 1st a year ago as well as five years ago. The district's position ten years ago was 1st and 7th twenty years ago.

  • The Southern District of California (San Diego) ranked 2nd. The Southern District of California (San Diego) was ranked 4th a year ago as well as five years ago. The district's position ten years ago was 5th and 2nd twenty years ago.

  • The Western District of Texas (San Antonio) now ranks 3rd. The Western District of Texas (San Antonio) was ranked 3rd a year ago, while it was ranked 2nd five years ago. The district's position ten years ago was 3rd and 1st twenty years ago.

Compared to 10 years ago, Eastern District of Washington (Spokane), Maine and North Dakota now ranked in the top 10 did not appear in the top ten.

And compared to 20 years ago, Arizona, Maine, North Dakota and Eastern District of Washington (Spokane) were not sufficiently active to then make the top 10.

The federal judicial district which showed the greatest projected growth in the rate of prosecutions compared to one year ago—91.7 percent—was Northern District of New York (Syracuse). Compared to five years ago, the district with the largest projected growth—3344 percent—was Southern District of California (San Diego) .

In the last year, the judicial District Court recording the largest projected drop in the rate of prosecutions—57.2 percent—was North Dakota. 

Report Generated: July 31, 2019
TRAC Copyright
Copyright 2019, TRAC Reports, Inc.

TRAC RSS Feed for this page Email Feed for this page Email this page