Not a Lexis+ subscriber? Try it out for free.

Immigration Law

Rooted in Racism: The Human Impact of Migrant Prosecutions

NIPNLG, Dec. 21, 2021

"Over the past two decades, unauthorized entry and re-entry prosecutions have become the most commonly prosecuted federal crimes. Passed into law over a century ago with overtly white supremacist goals and rhetoric, their current impact continues to be directed disproportionately at Latinx people. In keeping with their racist origins and application, these laws cruelly punish immigrants and fuel the mass incarceration of Black and Brown people; waste government resources; destroy families; hurt communities; and deprive migrants seeking to come to the United States of vital protections. In this report, we highlight trends and stories of people prosecuted for unauthorized entry and re-entry under 8 U.S.C. § 1325 (section 1325) and 8 U.S.C. § 1326 (section 1326), respectively, and the implementation and enforcement practices of Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the federal courts. The stories are based on a survey of legal practitioners and community advocates that the National Immigration Project conducted in July 2021. They demonstrate the extreme inhumanity of these laws, and the pressing need to repeal them and to step away from criminalization in favor of just and humane immigration policies."