Noncitizens in the Federal Criminal Justice System, 1984-94

ADVANCE FOR RELEASE AT 5 P.M. EDT                             BJS
SUNDAY, AUGUST 4, 1994                               202/307-0784

       MORE PROSECUTIONS AND TOUGHER SENTENCING GUIDELINES
         PROMPT INCREASED INCARCERATIONS OF NON-CITIZENS

     WASHINGTON, D.C. -- An increase in the number of
prosecutions and convictions for federal drug and immigration
offenses, as well as changes in mandatory time-served provisions,
prompted a four-fold increase in the number of non-citizens
incarcerated in federal prisons between 1984 and 1994, according
to a Department of Justice report released today.

       About 55 percent of the non-citizens prosecuted in the
federal system during 1994 were in the United States legally. 
Most were charged with drug or immigration offenses.  Drug
offenses climbed an average 13 percent a year during the 
1984-1994 period and immigration offenses rose an average 10
percent annually.  The number of prosecutions for other offenses,
including property and violent crimes, remained relatively
stable. 

     The Department's Bureau of Justice Statistics began 
collecting the data in 1984.  The latest data available are from
1994.

     Almost 19,000 non-citizens were incarcerated in federal
prisons in 1994--up from 4,088 during 1984.  In a corresponding
manner, the number of non-citizens prosecuted increased from
3,462 during 1984 to 10,352 during 1994.  The sharpest increase
in the number of alien prosecutions occurred between 1986 and
1989.  Since 1989 the number has been relatively stable.  

     Of those aliens convicted of a federal drug offense who were
subject to a mandatory minimum prison sentence, 25 percent were
subject to a 5-year mandatory minimum and 32 percent were subject
to a 10-year mandatory minimum.  The available data indicate that
aliens convicted of a federal drug offense were more likely than
citizens to have played a minor role in the offense.

     Aliens were less likely to be prosecuted for violent federal
offenses (murder, rape, robbery and assault) than were citizens--
1.4 percent versus 8.5 percent during 1994.

     During 1994, the majority (67 percent) of aliens convicted
of an immigration offense were charged with illegally entering
(or reentering) the United States.  Of those convicted of 
illegally entering the United States, 79 percent had a prior 
criminal conviction: 55 percent had a prior conviction for an 
offense other than an aggravated felony and 24 percent had a
prior conviction for an aggravated felony.

     Approximately 19 percent of those aliens convicted of an
immigration offense were charged with alien smuggling.  Of 
those, 26 percent were sentenced for smuggling fewer than 6 
aliens, 49 percent were sentenced for smuggling between 6 and 24
aliens, 17 percent were sentenced for smuggling between 25 and 99
aliens and 8 percent were sentenced for smuggling 100 or more
aliens.

     The 8,594 aliens convicted in federal courts during 1994
were citizens of more than 75 countries--almost half (48.6 
percent) were from Mexico, 14.6 percent from South America, 14.2
percent from the Caribbean Islands and 2.2 percent from Canada.

     In 1994, more than 39,000 non-citizens were deported and
over 1 million voluntarily departed.  INS is authorized to
apprehend and deport non-citizens convicted of deportable
offenses.  Deportable offenses include crimes of moral turpitude
(murder, manslaughter, rape), drug trafficking, certain firearms 
offenses, and offenses relating to national security.  Once a
deportable alien is identified, INS issues a detainer.  An alien
under an INS detainer is deported after the criminal proceeding
or sentence has been completed.  

     During 1994 the federal government spent an estimated $400
million to incarcerate 18,929 aliens convicted of federal crimes. 

     Single copies of the special report, "Noncitizens in the 
Federal Criminal Justice System, 1984-94" (NCJ-160934), written
by BJS statistician John Scalia, may be obtained from the BJS
fax-on-demand system by dialing 301/251-5550 or by writing the
BJS Clearinghouse, Box 179, Annapolis Junction, Maryland 20701-0179.
The telephone number is 1-800/732-3277.  Fax orders to
410/792-4358.  BJS's home page address on the Internet is: 
                  http://www.ojp.usdoj.gov/bjs/


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After hours contact:  Stu Smith at 301/983-9354