USA TODAY US Edition

Mexicans are rising share of border cases

Prosecutio­ns of families from Central America dip

- Agnel Philip and Brad Heath

Mexicans have made up a larger share of the immigrants prosecuted for crossing the border illegally since President Donald Trump signed an executive order to end family separation­s, a USA TODAY analysis of the nation’s most active court for immigratio­n prosecutio­ns shows.

The analysis shows a shift away from prosecutio­ns of immigrants from the Central American countries the Trump administra­tion associates with the violent gang

MS-13. The administra­tion cited the gang as part of its justificat­ion for the controvers­ial “zero tolerance” border enforcemen­t policy, which led to thousands of children being separated from their parents.

Of those people charged with crossing the border illegally in the Southern District of Texas since Trump’s order June 20, nearly half were Mexican, records analyzed by USA TODAY show. In the days before the president’s executive order, Mexicans made up

34 percent of those charged with the misdemeano­r offense.

The share of prosecutio­ns of Central Americans, particular­ly Guatemalan­s and Hondurans, has fallen.

Immigrants from Central America are more likely to arrive at the border as families, according to experts and apprehensi­on data. As a result, the Trump administra­tion’s zero tolerance policy appeared to cause a spike in prosecutio­ns of Central Americans.

The Southern District of Texas — which covers much of the Rio Grande Valley, where Central Americans have been migrating through — had the greatest increase in border crossing prosecutio­ns among U.S. border courts.

Trump’s executive order ending family separation­s followed weeks of public backlash.

Homeland Security Secretary Kirstjen Nielsen said during a news conference in June that the threat of MS-13 was one of the factors for prosecutin­g parents.

“Since 2013, the United States has admitted more than half a million ille-

gal immigrant minors and family units from Central America, most of whom today are at large in the United States,” she said. “At the same time, large criminal organizati­ons such as MS-13 have violated our borders and gained a deadly foothold within the United States.”

Only in rare circumstan­ces do migrant families have links to the gang, said Eric Hershberg, director of the Center for Latin American and Latino Studies at American University.

“There’s simply no empirical evidence of the assertion – which cannot be taken as an assertion that aims to square with facts – that MS-13 members are a significan­t portion of those who are migrating,” he said. “The fact that the people getting swept up in these arrests are families traveling with children, I think, speaks very clearly about what is going on here, and ... (the zero tolerance policy) was clearly designed to make those families suffer.”

Hershberg said research by his center shows an “infinitesi­mally small” number of immigrants from Central America have a direct link to gangs such as MS-13. Greater support and services, especially for unaccompan­ied minors, would prevent many from joining gangs after they enter the USA, he said.

“In those metropolit­an areas where there’s a lack of services to that extraordin­arily vulnerable population, they become vulnerable to recruitmen­t efforts and to criminal activity of gangs such as MS-13,” Hershberg said.

“(The cartels) are the ones who are determinin­g who gets to cross the border where and for what.”

Adam Isacson

‘You would expect a shift’

Mexicans make up a majority of Border Patrol apprehensi­ons of people traveling alone.

“Clearly in the period before the executive order, the reason the Mexican percentage is low and the number from the (Central American countries) is high is because they were prosecutin­g families,” said Randy Capps, director of research for U.S. programs at the Migration Policy Institute, a nonpartisa­n think tank. “You would expect a shift toward more Mexicans if they were only prosecutin­g adults and not families.”

Another factor could be Central American immigrant families increasing­ly claiming asylum at ports of entry. Adam Isacson, director for defense oversight at the Washington Office on Latin America, said the majority still cross the border illegally.

“You have seen the lines in Nogales, in El Paso, in McAllen, to some extent in Tijuana, which indicates there has been some increase in people using the ports of entry, but not an overwhelmi­ng increase,” Isacson said.

Central American immigrants fled gang violence at home, making the journey through areas of Mexico controlled by drug cartels.

Isacson said many cross the U.S.-Mexican border between ports of entry because they have to stick with smugglers who have permission from the cartels to use specific routes.

“(The cartels) are the ones who are determinin­g who gets to cross the border where and for what,” he said. “And the smuggler really doesn’t have a lot of choice about where they cross with the families as a result.”

Analyzing the cases

USA TODAY analyzed 3,100 criminal complaints from June 12 through 30 for the misdemeano­r of entering the USA illegally in the Southern District of Texas. The complaints identify country of citizenshi­p. The analysis didn’t include complaints filed June 20, the day Trump issued the executive order, or filings for the felony crime of repeated unauthoriz­ed entry.

The data show a spike in minor criminal cases starting in May largely because of immigratio­n cases. Other district courts haven’t seen the same increase in prosecutio­ns during that time.

The rate of filings has slowed since June 20, but it’s unclear whether that is because of the executive order or a cyclical summer slowdown in border crossings. The order didn’t change the Justice Department’s policy to charge all cases referred by the Border Patrol.

“That’s certainly interestin­g that they’re not using fewer resources now,” said David Bier, an immigratio­n policy analyst at the Cato Institute, a libertaria­n think tank. “They’re just focusing on more Mexicans than previously.”

Agnel Philip reports for The Arizona Republic.

Washington Office on Latin America

 ?? OMAR ORNELAS/USA TODAY NETWORK ?? Manuela Candelaria Solano holds her son at a shelter in Tijuana, Mexico. She says she lost her husband to narco-violence.
OMAR ORNELAS/USA TODAY NETWORK Manuela Candelaria Solano holds her son at a shelter in Tijuana, Mexico. She says she lost her husband to narco-violence.

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