Defendants Charged in the Border District Courts and Courts Affected. (click to enlarge) Related Video: Crisis On The Border, 2006.

The five federal trial courts along the nation’s southwest border, for years coping with bulging criminal dockets, are feeling the impact of newly stepped-up enforcement of immigration laws.

“The surge in new immigration cases brought by the Department of Justice . . . is increasing the caseload of the federal judges along the border—especially the magistrate judges—and the need for additional court staff, official court interpreters, defense lawyers, and courtroom space,” states a new Administrative Office report to Congress.

Financial resources are not currently a problem. “Thanks to help from Congress in the past two years, the Judiciary is in a financial position to respond promptly to additional resource needs,” the report said. However, other obstacles to such a response have arisen.

“The federal courts have very limited control over the nature and the volume of their caseloads,” the report noted. “When the Department of Justice files a criminal case, it gives rise to a series of court proceedings and events in the courts that require both the attention of judicial personnel—judges, district clerk’s office personnel, pretrial services and probation officers, court reporters, court interpreters, and federal defenders—and the expenditure of funds.”

The report added: “The Judiciary is responding broadly and promptly to the needs of the courts flowing from Operation Streamline II and other recent prosecution initiatives. Short-term caseload surges can and are being addressed effectively by redeploying existing judges and court staff on a temporary basis, borrowing judges from other districts, or recalling retired magistrate judges. But as stepped-up law enforcement and caseload increases continue, more permanent measures need to be taken.”

The report said that the 2009 national judgeship survey is underway, and that the five southwest border courts have submitted requests for 14 additional district judgeships. In addition, several of the courts have asked, or are considering requests, for additional magistrate judge positions.

Additional deputy clerks, probation and pretrial services officers, and court interpreters also have been requested, and federal defender offices along the border will need more attorneys and other resources.

But courts may not be able to fill positions quickly with qualified and capable candidates. “Many positions require special skills and training—especially probation and pretrial services officers, information technology staff, official court reporters, and official staff interpreters. The local labor pool is not sufficient at each location along the border to meet the demand, and it is difficult to persuade candidates from other parts of the country or state to relocate to a border location,” the report said. Recruitment and retention problems are exacerbated “because many employees at border locations are experiencing burnout due to the nature and sheer volume of the work.”