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CBP also claims that its statistics indicate a reduced rate of recidivism among
unauthorized migrants who are referred for prosecution, either through Operation
Streamline or standard prosecution. 194 And the agency claims it is increasingly using
criminal prosecution, through Operation Streamline and otherwise, where it is likely to
have the strongest deterrent effect, such as against suspected smugglers or migrants with
prior criminal convictions. 195 US Immigration and Customs Enforcement (ICE) has similarly
indicated that one of its main targets for deportation is “repeat offenders.” 196
While all governments obviously have a legitimate interest in deterring people from
repeatedly violating the law, an effective strategy needs to take into account the
motivations of offenders. When it comes to immigration offenses, that means the
motivations people have for entering and reentering the United States. As noted by an
assistant federal defender in Los Angeles, “The motivations for committing [illegal reentry]
are not the motivations for committing most other crimes.… [I]t’s basically your desire to
be with your family.” 197
Numerous defense attorneys and judges told Human Rights Watch how criminal
prosecution and even lengthy prison sentences frequently do not deter people from trying
to enter the United States again, particularly when they have strong family ties to the US.
Ricardo Calderon, a defense attorney in Texas who regularly represents clients in
Streamline, said, “I’ve had people come back as clients—they return pretty often. Some
return within the same week or month, generally within the year.” 198 At the time of our
interview, Ricardo M. (pseudonym) had tried to return to the United States four times—and
been detained or prosecuted each time, up to four months the last time, when he was held
as a material witness in an alien smuggling case—but he remained steadfast in his desire
194 Human Rights Watch meeting with US Customs and Border Protection (CBP), February 23, 2013. See also US Government
Accountability Office (GAO), “Border Patrol: Goals and Measures Not Yet in Place to Inform Border Security Status and
Resource Needs,” February 26, 2013, http://www.gao.gov/assets/660/652331.pdf (accessed April 26, 2013). This GAO
report analyzes data on recidivism in different sectors and finds the recidivism rate has decreased overall, but is highest in
San Diego, El Centro, and Tucson.
195 Ibid.
196 US Immigration and Customs Enforcement (ICE), “Removal Statistics,” http://www.ice.gov/removal-statistics/ (accessed
April 26, 2013).
197 Human Rights Watch interviews with Firdaus Dordi, assistant federal defender, Los Angeles, California, August 30, 2012
and January 24, 2013.
198 Human Rights Watch interview with Ricardo Calderon, criminal defense attorney, Del Rio, Texas, September 20, 2012.
71 HUMAN RIGHTS WATCH | MAY 2013