Trump's immigration plan would add another unnecessary mandatory minimum

October 25, 2016
Reason.com

On Sunday, presidential candidate Donald Trump announced his plan for his first 100 days in office, which includes new mandatory minimum sentences for those who have crossed the border without documentation. These prosecutions already make up nearly half of all federal prosections annually. 

The plan would create a "2-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5-year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations."

Currently, illegal re-entry is punishable by up to two years in prison, although a prior criminal record can add more years to a sentence. Last year, Republicans in Congress introduced a bill called "Kate's Law," named after Kate Steinle, who was shot and killed by a man with several violent felonies and illegal re-entries into the country. That bill would have also strengthened sentences for illegal re-entry, but advocacy groups that oppose mandatory minimums say Trump's proposal would go even further.

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Illegal entry and re-entry is already one of the most prosecuted crimes in the U.S. and sucks up an enormous amount of federal resources. According to a report by Grassroots Leadership earlier this year, prosecutions of illegal entry and re-entry into the country already makes up 49 percent of the federal caseload every year. Foreign nationals make up 22 percent of the federal Bureau of Prisons system, which was operating at 20 percent over its maximum capacity as of 2015. The current average sentence for illegal re-entry is 18 months, according to the report.

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What it [mandatory minimums] can make a statistically significant impact on is the Justice Department budget. The prosecution and incarceration of illegal entry and re-entry offenders under Operation Streamline has cost $7 billion since 2005, according to the Grassroots Leadership report.