Hispanic prison population swells, overwhelming the justice system

By Garance Burke and Amanda Lee Myers / The Associated Press
Published: June 12. 2011 TUCSON, Ariz. — They shuffle into the courtroom in shackles, still wearing the dust-covered clothes and shoes from when they crossed the desert into the U.S. from Mexico.

The 70 illegal immigrants, mostly men and mostly in their 20s and 30s, fill the 16-seat jury box and seven rows of wooden benches normally reserved for the public in Tucson’s gleaming federal courthouse.

In only an hour or so, the dozens of immigrants will agree to plead guilty and be sentenced in a process that could play out for months for most federal defendants.

The scene offers a window into a federal immigration enforcement effort that is pushing the limits of the U.S. justice system, overwhelming federal judges and escalating the ranks of Latinos sent to prison.

Expedited court hearings along the border are a major force driving a seismic demographic shift in who is being sent to federal prison. New statistics reveal that Hispanics now make up nearly half of all people sentenced for federal felony crimes, a number swollen by immigration offenses. In comparison, Hispanics made up 16 percent of the total U.S. population last year.

Sentences for felony immigration crimes, which include illegal crossing and crimes such as migrant smuggling, accounted for about 87 percent of the increase in the number of Hispanics sent to prison over the past decade, according to an analysis of U.S. Sentencing Commission data.

The trend has divided lawmakers and officials in the courts and along the border. Some politicians believe the en masse hearings should be expanded to deter illegal immigration. Others question whether the system actually affects people seeking to cross the border, while still others contend the programs distract prosecutors from pursuing more serious crimes.

“There is a use of criminal justice resources that doesn’t make sense. ... Are we just running numbers so it appears we’re doing more on immigration and drug offenses, or are we doing anything worthwhile?â€