Mr. President, I rise today to introduce legislation that authorizes the Federal judgeships recommended by the 2007 Judicial Conference for our U.S. District Courts that are overloaded with…
Mr. President, I rise today to introduce legislation that authorizes the Federal judgeships recommended by the 2007 Judicial Conference for our U.S. District Courts that are overloaded with immigration cases.
For a year, I have been telling the Senate about the crisis on our Southwest border involving judges who are overwhelmed by the sheer number of immigration cases that are filed in their courts.
New caseload numbers have recently become available, and it is clear that this problem is not going away--Congress must act to fix it. Federal Court Management Statistics available at www.uscourts.gov reveal that for the 12-month period ending September 30, 2006, four District Courts each had more than one thousand criminal immigration filings. Not surprisingly, all of these Districts share a border with Mexico.
In fiscal year 2006, the Southern District of Texas had 3,679 immigration cases, the Western District of Texas had 2,324 immigration cases, the District of New Mexico had 1,940 immigration cases, and the District of Arizona had 1,924 immigration filings. In each of these Districts, immigration filings make up more than forty-nine percent of all of the District's criminal filings. No other District Court recommended for new judgeships had more than 314 immigration filings. In fact, the four Districts mentioned above account for more than 60 percent of all immigration filings in fiscal year 2006.
The legislation I am introducing today authorizes the ten new Federal judgeships recommended by the Judicial Conference for these four U.S. Districts, where immigration filings total more than forty-nine percent of all Federal criminal filings.
Based on these caseloads, we should already have given these Districts new judgeships. But to increase border security and immigration enforcement efforts, as we have over the past few years, without equipping these courts to handle the even larger immigration caseloads that they will face as a result of immigration enforcement efforts would amount to willful negligence on the part of Congress.
It is imperative to equip our Federal agencies with the assets they need to secure our borders and enforce our immigration laws, including the Federal District courts that try repeat immigration law violators who are charged with Federal felonies.
The New Mexico District Chief Judge, Martha Vazquez, wrote me a letter in May of 2006 about the situation her District faces. Judge Vazquez wrote:
As it is, the burden on Article III Judges in this District
is considerable. This District ranks first among all
districts in criminal filings per judgeship: 405 criminal
filings compared to the national average of 87. As in all
federal districts along the southwest border, the majority of
cases filed in this District relate to immigration offenses
under United States Code, Title 8 and drug offenses arising
under Title 21. Immigration and drug cases account for
eighty-five percent of the caseload in the District of New
Mexico. . . . In fiscal year 1997, there were 240 immigration
felony filings in the District of New Mexico. By fiscal year
2005, the number of immigration felony filings increased to
1,826, which is an increase of 661 percent.
The Albuquerque Tribune has also documented the burden on our Southwest border District Courts. An April 17, 2006 article entitled ``Judges See Ripple Effect of Policy on Immigration,'' stated:
U.S. District Chief Judge Martha Vazquez of Santa Fe
oversees a court that faces a rising caseload from illegal
border crossings and related crime. And help from Washington
is by no means certain. . . . From Sept. 30, 1999 to Sept.
30, 2004 (the end of the fiscal year), the caseload in the
New Mexico federal district court increased 57.5 percent,
from 2,804 to 4,416. In the 2004 fiscal year alone, 2,126
felony cases were heard, almost half of all cases in the
entire 10th Circuit, which includes Colorado, Kansas,
Oklahoma, Utah and Wyoming. Most typical immigration cases go
before an immigration judge, and the subjects are deported.
But people deported once and caught crossing illegally again
can be charged with a felony. And that brings the
defendant into federal district court. Those are the cases
driving up New Mexico's caseload . . . Some days as many
as 90 defendants crowd the courtroom in Las Cruces . . .
The same problems are afflicting federal border courts in
Arizona, California, and Texas.
Similar problems were documented in the May 23, 2006 Reuters article ``Bush Border Patrol Plan to Pressure Courts'' which said:
President George W. Bush's plan to send thousands of
National Guard troops to the U.S.-Mexico border could spark a
surge in immigration cases and U.S. courts are ill prepared
to handle them . . . Even without the stepped-up security at
the border, federal courts in southern California, Arizona,
New Mexico and Texas have been overburdened. Carelli [a
spokesman for U.S. federal courts] said those five judicial
districts, out of 94 nationwide, account for 34 percent of
all criminal cases moving through U.S. courts. . . Most
immigrants caught crossing illegally are ordered out of the
country without prosecution. But that still leaves a growing
pile of cases involving illegals who are being prosecuted
after being caught multiple times or those accused of other
crimes. . . Nationwide, each U.S. judge handles an average of
87 cases a year. But along the southern border, even before
Bush's plan moves forward, the average is around 300 per
judge, Carelli said.
I have also heard first-hand about this problem from Federal judges in New Mexico, including one who travels almost 200 miles to hear cases in Southern New Mexico. Many of the situations he sees involve mass arraignments because there are so many defendants in the system. He is not alone in this arrangement; other Federal judges drive almost 300 miles to hear cases in the Southern part of my home State. This is a dire situation that must be addressed.
The United States Congress must address the overwhelming immigration caseload our southwestern border U.S. District Courts face. The bill I am introducing today does that by authorizing the eight permanent and two temporary judgeships recommended by the 2007 Judicial Conference for the four U.S. Districts in which the immigration caseloads total more than forty-nine percent of those Districts' total criminal caseload. I am proud to have Congressman Cuellar join me in this effort by introducing companion legislation in the House of Representatives.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Albuquerque Indian School Act. I want to thank Senator Bingaman, my colleague from New Mexico, for joining me as a cosponsor of the bill again this Congress.
The Albuquerque Indian School Act seeks to take two parcels of Federal land into trust for the 19 Pueblos--Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, Ohkay Owingeh, Picuris, Pojoaque, San Felipe, San Ildefonso, Sandia, Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia and Zuni. I believe this property, if transferred, would receive greater utilization and would benefit the 19 New Mexico Pueblos.
In 1981, the New Mexico Pueblos petitioned the United States for the transfer of approximately 44 acres from the Albuquerque Indian School site for the purpose of economic development. In 1984, the Assistant Secretary of the Interior conveyed 44 acres to the Pueblos. This land is currently under development by the 19 New Mexico pueblos. In 2003, the 19 Pueblos requested conveyance of the ``B'' and ``D'' tracts, which total approximately 18 acres, located near Interstate 40. This land contains various metal buildings which have deteriorated to the point that they have little to no usable value at this time.
The return of these two properties to the 19 Pueblos is supported by the southwestern regional office of the Bureau of Indian Affairs. With the addition of these two tracts, the 19 pueblos will be able to continue their successful economic development of the Albuquerque Indian School property. I believe the transfer will benefit the 19 New Mexico Pueblos, and their individual tribal members.
I ask unanimous consent that the text of the bill be printed in the Record.