LAREDO, Tex. — Inside a courthouse just north of the Rio Grande, federal judges mete out prison sentences to throngs of 40 to 60 illegal immigrants at a time. The accused, mostly from Central America, Brazil and Mexico, wear rough travel clothes that speak of arduous journeys: flannel shirts, sweat suits, jeans and running shoes or work boots.
The prosecutors make quick work of the immigrants. Under a Justice Department program that relies on plea deals, most are charged with misdemeanors like improper entry.
Federal prosecutions of immigration crimes nearly doubled in the last fiscal year, reaching more than 70,000 immigration cases in the 2008 fiscal year, according to federal data compiled by a Syracuse University research group. The emphasis, many federal judges and prosecutors say, has siphoned resources from other crimes, eroded morale among federal lawyers and overloaded the federal court system. Many of those other crimes, including gun trafficking, organized crime and the increasingly violent drug trade, are now routinely referred to state and county officials, who say they often lack the finances or authority to prosecute them effectively.
Bush administration officials say the government’s focus on immigration crimes is an outgrowth of its counterterrorism strategy and vigorous pursuit of immigrants with criminal records.
Immigration prosecutions have steeply risen over the last five years, while white-collar prosecutions have fallen by 18 percent, weapons prosecutions have dropped by 19 percent, organized crime prosecutions are down by 20 percent and public corruption prosecutions have dropped by 14 percent, according to the Syracuse group’s statistics. Drug prosecutions — the enforcement priority of the Reagan, first Bush and Clinton administrations — have declined by 20 percent since 2003.
“I have seen a national abdication by the Justice Department,” said Attorney General Terry Goddard of Arizona.
United States attorneys on the Southwest border, who handle the bulk of immigration prosecutions, usually decline to prosecute drug suspects with 500 pounds of marijuana or less — about $500,000 to $800,000 worth. As a result of Washington’s decision to forgo many of those cases, Mr. Goddard said, local agencies are handling many of them and becoming overwhelmed.
Peter Carr, a spokesman for the Justice Department, said that felony prosecutions of immigration crimes had increased 40 percent from 2000 through 2007 but that most other prosecutions had remained steady. But Justice Department statistics Mr. Carr provided to The New York Times did not include tens of thousands of misdemeanor charges and prosecutions conducted before magistrate judges. Data from the Syracuse group, known as the Transactional Records Access Clearinghouse, or TRAC, included those cases, which are driving the sharp growth in immigration cases.
Prosecutorial priorities are expected to change after President-elect Barack Obama takes office, said Mark Agrast, a senior fellow at the Center for American Progress, a liberal research and policy institute that is closely associated with the transition team. “There will be a reassessment of whether aggressive targeting of criminal aliens through the use of federal criminal statues is an effective use of scarce law enforcement resources,” Mr. Agrast said.
The Bush administration bolstered its enforcement of immigration crimes by increasing the number of Border Patrol agents from 9,500 in 2004 to 15,000 in 2008 and adding several hundred federal prosecutors assigned to immigration crimes.
On heavy days, single courtrooms along the border process illegal immigrants on an industrial scale, sometimes more than 200 in a day. Misdemeanors usually carry a sentence of a few weeks to six months.
At the federal courthouse in Laredo, George P. Kazen, the senior judge, estimated that under Operation Streamline, the Justice Department program relying on plea deals for efficiency, he had sentenced more people to prison than any other active federal judge. But Judge Kazen said he was concerned about recent reports of the smuggling of firearms from Texas into Mexico by violent drug cartels.
“The U.S. attorney isn’t bringing me those cases,” he said. “They’re just catching foot soldiers coming across the border. They bust some stooge truck driver carrying a load of drugs, and you know there’s more behind it. But they will tell you that they don’t have the resources to drive it and develop a conspiracy case.”
“Every time the government puts a lot of resources on one thing, they’re going to take away from another,” he added.
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