You are on page 1of 2

THERE WERE 75,836 CASES REPORTED TO

THE UNITED STATES SENTENCING COMMISSION


IN FISCAL YEAR 2014.

OF THESE CASES, 20,071 INVOLVED


IMMIGRATION OFFENSES.1

11.2% OF IMMIGRATION CASES INVOLVED


ALIEN SMUGGLING.

Alien Smuggling Offenses

Number of Alien Smuggling In fiscal year 2014, there were 2,241 offenders convicted of Alien Smuggling, accounting
for 11.2% of all immigration offenders sentenced under the guidelines. In 17.8% of Alien
Offenders
Smuggling cases, an unaccompanied minor was smuggled in fiscal year 2014.
10,000
8,000 Offender and Offense Characteristics
6,000 In fiscal year 2014, more than half of alien smuggling offenders were U.S.
citizens (54.7%)
4,000 2,561 2,546 2,231 2,224 2,241
2,000 Most alien smuggling offenders were male (77.2%).
0
FY10 FY11 FY12 FY13 FY14 The average age of these offenders at sentencing was 33 years.

Top Five Districts Nearly three-fifths (59.9%) of alien smuggling offenders had little or no prior
Alien Smuggling Offenders criminal history (i.e., assigned to Criminal History Category I). The proportion of
FY 2014 alien smuggling offenders in other Criminal History Categories was as follows:
Southern District of Texas
13.7% of these offenders were in Category II;
(N=1,011)
13.7% were in Category III;
District of Arizona
(N=337) 6.2% were in Category IV;
Western District of Texas 3.2% were in Category V;
(N=312) and 3.2% were in Category VI.
Southern District of California
(N=254) Almost half (45.2%) of alien smuggling offenses involved the smuggling,
District of New Mexico transporting, or harboring of fewer than six persons.
(N=65)
Sentences were increased for 17.4% of offenders because one of the persons
Number of Aliens Smuggled smuggled was an unaccompanied minor.
in the Offense
FY 2014 An alien was involuntarily detained through coercion or threat, or in connection
25 to less with a demand for payment in 2.6% of alien smuggling offenses.
than 100
11.8% Most alien smuggling cases did not involve the use of weapons (96.2%).
Six to 24
37.6%
Although the majority of alien smuggling cases did not involve physical injury
100 or (96.2%), 30.2% of all alien smuggling cases involved the risk of injury.
more
Fewer than 5.4% One or more aliens died in 1.2% of alien smuggling cases.
six
45.2%
Punishment
The majority of alien smuggling offenders were sentenced to imprisonment
1
Immigration cases include cases with complete guideline application (88.5%).
information sentenced under USSG 2L1.1 (Smuggling, Transporting or
Harboring and Unlawful Alien), 2L1.2 (Illegal Reentry), 2L2.1 (Trafficking
in Documents Relating to Citizenship), 2L2.2 (Fraudulently Acquiring The average sentence length for alien smuggling offenders was 18 months.
Documents Relating to Citizenship), and 2L2.5 (Failure to Surrender
Canceled Naturalization Certificate).
2
Although some alien smuggling offenses do carry mandatory minimum penalties,
Alien smuggling involves cases in which the court applied USSG
2L1.1 as the primary sentencing guideline. Only cases for which the most alien smuggling offenders were not convicted of an offense carrying a
Commission received complete sentencing information are included in mandatory minimum penalty (96.4%).
this analysis.
Alien Smuggling Offenses

Sentences Relative to the Guideline Range Sentence Relative to the


Guideline Range
For each of the past five years, the percentage of alien smuggling offenders
sentenced within the guideline range has fluctuated from 52.8% in fiscal year Within Above
2010 to 55.1% in fiscal year 2011 and finally to 42.1% in fiscal year 2014. Gov't Spons. Below Other Below
100.0
In 44.7% of alien smuggling cases in fiscal year 2014, offenders received a
sentence below the applicable guideline range because the government sponsored 75.0
the below range sentence.
50.0
Substantial assistance departures were granted in 7.5% of cases involving
alien smuggling. 25.0
These offenders received an average reduction of more than half 0.0
(52.4%) off their sentence. FY FY FY FY FY
2010 2011 2012 2013 2014
Early Disposition Program (EDP) departures applied in 34.0% of alien
smuggling cases.
These offenders received an average reduction of 35.2% in their Government Sponsored
sentence. Below Range Sentences
FY 2014
The rate of non-government sponsored below range sentences for alien
smuggling offenders increased from 9.4% of the cases in fiscal year 2010, rising
EDP3 Other
to 12.6% in 2011and decreasing to 10.3% in fiscal year 2014.
76.2% Gov't
Below
These offenders received an average reduction of more than half (48.2%) off 7.0%
their sentence in fiscal year 2014.

The average sentence and the average guideline minimum for alien smuggling
Substantial
offenses have remained constant over the last five years. Assistance
16.8%
The average sentence was 17 months in fiscal year 2010 and 18 months in
fiscal year 2014;

The average guideline minimum was 19 months in fiscal year 2010 and 21 Average Sentence and
months in fiscal year 2014. Average Guideline Minimum
(in months)

Sentence Guideline Minimum


50
40
30
20
10
0
FY FY FY FY FY
2010 2011 2012 2013 2014

3
Early Disposition Program (or EDP) departures are departures
where the government sought a sentence below the guideline range one Columbus Circle, N.E.
because the defendant participated in the governments Early Suite 2-500, South Lobby
Disposition Program, through which cases are resolved in an Washington, DC 20002-8002
expedited manner. See USSG 5K3.1. T: (202) 502-4500
For other Quick Facts publications,
F: (202) 502-4699
visit our website at www.ussc.gov/Quick_Facts.
SOURCE: United States Sentencing Commission, 2010 through 2014 www.ussc.gov
Datafiles, USSCFY10-USSCFY14. @

You might also like