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There is no data yet available on how many unauthorized immigrants referred for
prosecution have US citizen or permanent resident children or other close relatives, but
the defense attorneys, judges, and prosecutors we interviewed all said that many of them
do have immediate family members who are US citizens or permanent residents. Estimates
varied from district to district, but in Los Angeles and San Diego, where there are few
prosecutions for illegal entry but many prosecutions for illegal reentry, several defense
attorneys estimated that 80 to 90 percent of their clients charged with illegal reentry have
US citizen family members. 128 When asked how often he sees illegal reentry defendants
with US citizen family members, Judge Robert Brack in Las Cruces, New Mexico estimated
he sees it in 30 to 40 percent of his cases, adding, “It’s an everyday occurrence.” 129
Individuals charged with illegal entry are less likely to be returning to join US families, but
even among these defendants, ties to US citizen or permanent resident family are not
uncommon. When asked about clients’ ties to US citizen families, Heather Williams, who
represents six clients every day she is on duty for Operation Streamline in Tucson, said,
“All six clients a day, they’re coming here usually to reunite with family members or
because their situation is so desperate.” 130 In the course of this research, Human Rights
Watch observed Streamline hearings in Tucson, Arizona and Brownsville and Del Rio,
Texas, as well as numerous hearings outside the Streamline process; we observed many
defendants tell the judge that they had previously resided in and have immediate family in
the United States. 131
A significant number of these defendants also appeared to have strong ties to the United
States based on their having have been raised in the country. Human Rights Watch
observed several defendants in hearings speak fluent English and participate without the
help of an interpreter, which Magistrate Judge Philip Mesa noted is “not unusual.” In his
128 Human Rights Watch telephone interview with Victor Torres, June 29, 2012; Human Rights Watch interviews with Liliana
Coronado, assistant federal defender, Los Angeles, California, August 30, 2012; with Firdaus Dordi, assistant federal
defender, Los Angeles, California, August 30, 2012 and January 24, 2013; and with Brandon LeBlanc, assistant federal
defender, San Diego, California, September 5, 2012.
129 Human Rights Watch telephone interview with Judge Robert Brack in Las Cruces, New Mexico, April 25, 2013.
130 Human Rights Watch interviews with Heather Williams, first assistant federal defender, by telephone, August 1, 2012, and
in Tucson, Arizona, February 13, 2013.
131 Human Rights Watch courtroom observations in Brownsville, Texas, September 18, 2012; Del Rio, Texas, September 20,
2012; and Tucson, Arizona, February 11, 2013.
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