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Although Streamline proceedings result in convictions for misdemeanor illegal entry, they
also play a significant role in the increasing felony prosecution of defendants with minor or
no criminal history. Most defendants in Streamline do not have a prior criminal record. 72
But once an immigrant has pled guilty in a Streamline proceeding to illegal entry, he or she
becomes a “criminal alien,” increasing the likelihood of future prosecution for illegal
reentry should he or she attempt to enter the United States again. 73 In Magistrate Judge
Recio’s opinion, the US government has created a “felony class” of non-citizens; he
emphasized that “where there’s no criminal history, no immigration history, the
criminalization of these defendants is something that’s very difficult [for me].” 74 Human
Rights Watch documented eight cases in which individuals with no prior non-immigration
criminal histories were charged with or convicted of felony illegal reentry after a prior
conviction for misdemeanor illegal entry. 75
Such cases are particularly troubling given that the “streamlined” process resulting in
those first illegal entry convictions involves many shortcuts to the usual due process
requirements. After CBP apprehends and refers a migrant to federal prosecution, he or she
appears in federal court anywhere from one day to two weeks later. A single proceeding
may include two dozen defendants or more than 100, depending on the district. 76 For all of
pleading guilty as well. In 2012, 826 of 876 defendants charged with illegal entry (94 percent) and 23,423 of 24,089
defendants charged with illegal reentry (97 percent) in district court pleaded guilty. Administrative Office of US Courts,
Federal Judicial Caseload Statistics 2012, “Table D-4: Defendants Disposed of, by Type of Disposition and Offense,”
http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2012/tables/D04Mar12.
pdf (accessed April 25, 2013).
71 Human Rights Watch interview with Magistrate Judge Felix Recio, Brownsville, Texas, September 18, 2012.
72 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.
73 Since early 2013, the Streamline proceedings in Tucson, Arizona no longer include straight misdemeanor prosecutions,
but only “flip-flop” prosecutions for both illegal entry and illegal reentry, as the proceedings only include defendants who
previously have been formally removed from the United States. Although they all are offered (and accept) plea agreements to
plead guilty to misdemeanor illegal entry and to have the felony reentry charge dismissed, the prevalence of “flip-flop”
prosecutions increases the number of prosecutions for illegal reentry of defendants with no or minor criminal records.
Human Rights Watch interviews with Magistrate Judge Bernardo Velasco, Tucson, Arizona, April 3, 2013; and with assistant
federal defenders and criminal defense attorneys, Tucson, Arizona, February 11 and 12, 2013.
74 Human Rights Watch interview with Magistrate Judge Felix Recio, September 18, 2012.
75 Not all of the misdemeanor convictions occurred in Streamline proceedings, but these cases illustrate how increased
prosecutions of misdemeanor cases are fueling increased felony prosecutions.
76 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; Human Rights Watch telephone
interview with Brenda Sandoval, assistant federal defender in Yuma, Arizona, February 7, 2013.
TURNING MIGRANTS INTO CRIMINALS 36