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According to court records and their own accounts, many defendants interviewed by
Human Rights Watch similarly had no prior criminal convictions. 65 Several had prior
convictions only for illegal entry or reentry. 66 While a significant number had prior felony
convictions, and two had prior convictions for “alien smuggling,” 67 most involved
nonviolent drug offenses. In a couple of cases, defendants had prior convictions for violent
offenses that were over 15 years old. 68
Rapid-Fire Group Trials: Operation Streamline
One of the most significant reasons for the increase in prosecutions of unauthorized
immigrants with no or minor criminal histories is Operation Streamline. Through the
cooperation of CBP, the federal courts, the US Attorney’s Office, the US Marshals Service, ICE,
and the Executive Office of Immigration Review, special proceedings have been created that
quickly process people charged with illegal entry or reentry. 69 Operation Streamline’s name
and exact prosecution policy varies from district to district, but all Streamline proceedings are
fast and have predictable outcomes: a guilty plea from virtually every defendant for
misdemeanor illegal entry. 70 One magistrate judge, who estimates he has presided over
17,000 cases, described his role as “a factory putting out a mold.” 71
65 The pre-sentence report is the court document that is most likely to include a complete record of a defendant’s criminal
history, but these reports are confidential, and in many cases, the sentencing memoranda filed by the prosecutor and the
defense attorney that reference the pre-sentence report are filed “under seal” and are not publicly available. Human Rights
Watch was able to corroborate defendants’ accounts of their criminal convictions in many cases, however, such as where the
sentencing memoranda were not under seal or where there was a published decision either by the sentencing judge in
district court or the appellate court.
66 Human Rights Watch interviews with Jorge G. (pseudonym), Marfa, Texas, September 21, 2012; Alberto M. (pseudonym),
Marfa, Texas, September 21, 2012; Victor S. (pseudonym), Marfa, Texas, September 21, 2012; Sonia H. (pseudonym), Marfa,
Texas, September 21, 2012; and Brenda R. (pseudonym), Pecos, Texas, September 24, 2012; Human Rights Watch telephone
interview with Norma Pulcher, daughter of Rosa Emma Manriquez, October 24, 2012.
67 Human Rights Watch interview with Jerry Lopez, Rosarito, Mexico, October 19, 2012; US v. Cuellar-Valerio, 2010 US Dist.
LEXIS 98628 (N.M. 2010).
68 Human Rights Watch interviews with Elmer Cardenas Gonzalez, Rosarito, Mexico, October 18, 2012; Heather Gonzales,
wife of Elmer Cardenas Gonzales, Ontario, California, March 24, 2013; Milton Cruz, Los Angeles, California, October 29, 2012;
and Micaela Remijio, fiancée of Milton Cruz, Riverside, California, February 28, 2013.
69 Testimony of Michael J. Fisher, chief, US Border Patrol, US Customs and Border Protection (CBP), before the US House of
Representatives, Committee on Homeland Security, Subcommittee on Border and Maritime Security, October 4, 2011,
http://www.dhs.gov/news/2011/10/04/written-testimony-cbp-house-homeland-security-subcommittee-border-andmaritime
(accessed April 14, 2013).
70 Human Rights Watch interviews with criminal defense attorneys and judges, in Texas, September 18, 20, 21, 25, and 26,
2012; and in Arizona, February 11 and 12, 2013; and Human Rights Watch court observations of Streamline proceedings in
Brownsville, Texas, September 18, 2012; Del Rio, Texas, September 20, 2012; and Tucson, Arizona, February 11, 2013 and
April 3, 2013. Data from the Administrative Office of US Courts includes only prosecutions of illegal entry and reentry in
federal district court, not magistrate court (as in Streamline), but those statistics reveal a high percentage of defendants
35 HUMAN RIGHTS WATCH | MAY 2013