ADVANCE FOR RELEASE AT 5 P.M. EDT BJS SUNDAY, AUGUST 4, 1994 202/307-0784 MORE PROSECUTIONS AND TOUGHER SENTENCING GUIDELINES PROMPT INCREASED INCARCERATIONS OF NON-CITIZENS WASHINGTON, D.C. -- An increase in the number of prosecutions and convictions for federal drug and immigration offenses, as well as changes in mandatory time-served provisions, prompted a four-fold increase in the number of non-citizens incarcerated in federal prisons between 1984 and 1994, according to a Department of Justice report released today. About 55 percent of the non-citizens prosecuted in the federal system during 1994 were in the United States legally. Most were charged with drug or immigration offenses. Drug offenses climbed an average 13 percent a year during the 1984-1994 period and immigration offenses rose an average 10 percent annually. The number of prosecutions for other offenses, including property and violent crimes, remained relatively stable. The Department's Bureau of Justice Statistics began collecting the data in 1984. The latest data available are from 1994. Almost 19,000 non-citizens were incarcerated in federal prisons in 1994--up from 4,088 during 1984. In a corresponding manner, the number of non-citizens prosecuted increased from 3,462 during 1984 to 10,352 during 1994. The sharpest increase in the number of alien prosecutions occurred between 1986 and 1989. Since 1989 the number has been relatively stable. Of those aliens convicted of a federal drug offense who were subject to a mandatory minimum prison sentence, 25 percent were subject to a 5-year mandatory minimum and 32 percent were subject to a 10-year mandatory minimum. The available data indicate that aliens convicted of a federal drug offense were more likely than citizens to have played a minor role in the offense. Aliens were less likely to be prosecuted for violent federal offenses (murder, rape, robbery and assault) than were citizens-- 1.4 percent versus 8.5 percent during 1994. During 1994, the majority (67 percent) of aliens convicted of an immigration offense were charged with illegally entering (or reentering) the United States. Of those convicted of illegally entering the United States, 79 percent had a prior criminal conviction: 55 percent had a prior conviction for an offense other than an aggravated felony and 24 percent had a prior conviction for an aggravated felony. Approximately 19 percent of those aliens convicted of an immigration offense were charged with alien smuggling. Of those, 26 percent were sentenced for smuggling fewer than 6 aliens, 49 percent were sentenced for smuggling between 6 and 24 aliens, 17 percent were sentenced for smuggling between 25 and 99 aliens and 8 percent were sentenced for smuggling 100 or more aliens. The 8,594 aliens convicted in federal courts during 1994 were citizens of more than 75 countries--almost half (48.6 percent) were from Mexico, 14.6 percent from South America, 14.2 percent from the Caribbean Islands and 2.2 percent from Canada. In 1994, more than 39,000 non-citizens were deported and over 1 million voluntarily departed. INS is authorized to apprehend and deport non-citizens convicted of deportable offenses. Deportable offenses include crimes of moral turpitude (murder, manslaughter, rape), drug trafficking, certain firearms offenses, and offenses relating to national security. Once a deportable alien is identified, INS issues a detainer. An alien under an INS detainer is deported after the criminal proceeding or sentence has been completed. During 1994 the federal government spent an estimated $400 million to incarcerate 18,929 aliens convicted of federal crimes. Single copies of the special report, "Noncitizens in the Federal Criminal Justice System, 1984-94" (NCJ-160934), written by BJS statistician John Scalia, may be obtained from the BJS fax-on-demand system by dialing 301/251-5550 or by writing the BJS Clearinghouse, Box 179, Annapolis Junction, Maryland 20701-0179. The telephone number is 1-800/732-3277. Fax orders to 410/792-4358. BJS's home page address on the Internet is: http://www.ojp.usdoj.gov/bjs/ # # # BJS96145 After hours contact: Stu Smith at 301/983-9354