Immigration-related crimes now make up the majority of all federal criminal prosecutions. While laws criminalizing entry have existed since 1929, they "were largely ignored for a century," the lawyer and scholar Csar Cuauhtmoc Garca Hernndez reminds us in a new book, "Migrating to Prison: America's Obsession with Locking Up Immigrants." In 1975, he noted "a mere 575 people" were charged with an immigration crime; in 1993, only 2,487. Contrast that with fiscal year 2018, when prosecutors brought 105,692 federal immigration charges. The criminalization of immigration, especially the scale at which it happens now, is a relatively recent trend, Hernndez argues. And it ought to be reversed. In the 1980s and '90s, legislation introduced new levels of criminality for immigrants, which in turn expanded the population of imprisoned people. As Hernndez writes, "Congress denied immigration judges the discretion to release anyone convicted of an aggravated felony," which includes serious offenses like murder but also shoplifting and tax fraud. Detention and deportation, once decided with considerable discretion, became mandatory for all sorts of offenses. The link between mass incarceration and immigrant incarceration is clear in the legislative history: The same 1986 law that created mandatory minimum sentences for crack cocaine created "detainers," requests to local police to hold someone in jail until they can be picked up by immigration.
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