DOJ Charges Roughly 1,300 Illegal Migrants with Immigration Crimes During First Week of May
The Department of Justice (DOJ) announced Friday that U.S. Attorneys in five key districts along the southern border filed criminal charges against approximately 1,300 illegal migrants during the first week of May, highlighting what critics argue is a long-overdue return to prosecuting immigration crimes amid the ongoing crisis at the U.S.-Mexico border.
In a coordinated enforcement effort, federal prosecutors in the Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and Southern District of Texas ramped up criminal immigration prosecutions during the week of April 29 through May 5. According to the DOJ, the charges were primarily for illegal entry and illegal reentry—both federal offenses under 8 U.S.C. §§ 1325 and 1326.
“This surge in prosecutions reflects our commitment to enforcing federal law and holding accountable those who violate our nation’s borders,” said Attorney General Merrick Garland in the official DOJ statement. “We are using all available tools to disrupt unlawful border crossings.”
Critics of the Biden administration have long contended that the southern border has been largely neglected, enabling historic levels of illegal immigration. The recent crackdown is being seen by some as a political move to salvage plummeting approval ratings ahead of the 2024 election cycle, rather than a consistent policy shift aimed at restoring border integrity.
The DOJ stated that the 1,300 individuals charged included previously deported felons, repeat offenders, and individuals attempting to evade law enforcement. While the administration touted the operation as a step toward enforcing the law, conservative observers argue that the sheer volume of charges in one week is a glaring indictment of the administration’s prior failure to secure the border.
John Durham, U.S. Attorney for the Western District of Texas, noted in the DOJ release that “the number of illegal crossings in our district remains unacceptably high, and this surge in prosecutions demonstrates our commitment to deterrence.”
According to the DOJ, these cases were fast-tracked through the courts, with many of the charged individuals opting to plead guilty. Sentences ranged from time served to 180 days in federal custody, depending on the criminal history and circumstances of the offender.
The move follows increasing pressure from Republican lawmakers and governors to reinstate Trump-era enforcement policies, including the prosecution of illegal border crossers and increased use of expedited removal. Many argue that Biden’s early reversals of such policies directly contributed to the surge in illegal entries, which in turn has strained border communities and federal resources.
“This operation proves what many conservatives have been saying for years: enforcement works when it’s actually applied,” said a former DHS official familiar with the strategy. “The problem is this administration spent three years sending the opposite message to the world.”
Data from the DOJ shows that charges were filed under existing statutory authority, not under new legislation or executive orders—raising questions about why these tools weren’t utilized more consistently since President Biden took office.
The Southern District of Texas accounted for the largest share of the charges, underscoring the critical strain on Border Patrol and law enforcement in the Rio Grande Valley. Local officials in Texas have repeatedly called for stronger federal action, with Governor Greg Abbott deploying state resources to stem the tide of illegal crossings.
While the DOJ emphasized that these prosecutions are part of an ongoing initiative, there remains skepticism among conservatives about whether this marks a permanent policy shift or merely a temporary political maneuver.
“The administration is trying to show it’s tough on illegal immigration, but actions over a single week don’t undo years of open-border policies,” a senior border enforcement analyst commented.
Meanwhile, advocates of stronger immigration enforcement argue that this DOJ push further validates their concerns about the consequences of lax border security. They point to overloaded court dockets, overwhelmed local communities, and rising fentanyl trafficking as direct outcomes of federal inaction.
The move comes as illegal immigration remains a top concern among voters, with recent polls showing a majority of Americans disapprove of President Biden’s handling of the border. The administration’s sudden focus on criminal immigration enforcement may signal an attempt to reshape that narrative in the lead-up to November.
Notably absent from the DOJ’s announcement was any indication of increased prosecutions for human smuggling or cartel-related activity, which continue to pose serious threats to national security. Critics argue that while the prosecution of 1,300 illegal migrants is a start, it barely scratches the surface of the broader crisis at the border.
As the debate intensifies, the data confirms what many conservative Americans have long believed: enforcing the law at the border is possible—it simply requires the political will to act.