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Defending the Homeland: Judicial Sentencing Practices for Federal Immigration Offenses

NCJ Number
239104
Journal
Justice Quarterly Volume: 29 Issue: 1 Dated: February 2012 Pages: 76-104
Author(s)
Richard D. Hartley; Rob Tillyer
Date Published
February 2012
Length
29 pages
Annotation
This study examined Federal cases of immigration offenses.
Abstract
In the last decade, immigration prosecutions in Federal court have increased 165 percent, with immigration offenses comprising over 28 percent of the Federal criminal caseload in 2008. Despite this increase, research has yet to fully examine the sentencing outcomes for these offenders. Exploration of sentencing outcomes for immigration offenders is particularly salient due to the racial/ethnic composition of these defendants and the documented history of disparate treatment of minorities at this decision point. To explicate these issues, the authors examine the sentence length of immigration cases to assess the impact of legal, extra-legal, and case-processing factors. The authors further disaggregate by offense type to explore if correlates of sentencing are consistent across specific categories of immigration violations. Finally, the authors examine southwestern border districts, which process over 70 percent of all cases, to assess their specific sentencing practices. Model results, theoretical implications, and avenues for future research are also discussed. (Published Abstract)