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The U.S. Department of Justice (DOJ) is under increasing scrutiny from Capitol Hill regarding its prosecution practices of Muslim asylum-seekers. This follows a probing report by the Los Angeles Times, which highlighted that migrants from Muslim-majority countries have been disproportionately targeted and imprisoned along the Texas segment of the U.S.-Mexico border.

DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers: Capitol Hill Raises Concerns

On Thursday, Senator Dick Durbin (D-IL) reached out to U.S. Attorney General Merrick Garland and DOJ Inspector General Michael Horowitz. Durbin's letters demand an in-depth investigation into the operations of the U.S. Attorney's Office for the Western District of Texas, spanning from 2021 to 2023. The Senator's call to action stresses the necessity for justice and fairness, pointing out that targeting individuals based on religion or origin is contrary to the very essence of the rule of law.

DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers: The Legal Quagmire

According to the insightful Los Angeles Times article, there has been a notable shift in the legal tools used by federal prosecutors in Texas. While typical prosecutions for illegal border crossings utilize 8 U.S. Code, Section 1325 and 1326, there's been a marked increase in the application of Section 1459 of 19 U.S. Code. This obscure section mandates that individuals must enter the United States at designated checkpoints and promptly report themselves—a requirement starkly enforced since 2021.

Senator Durbin highlights that prosecutions under Section 1459 surged by 750% from October 2020 to October 2021. Even as the use of this law has remained high, charges against migrants from Muslim-majority countries under the more common Sections 1325 and 1326 have continued to be disproportionately high, raising serious questions about the equity of DOJ's prosecutorial discretion.

DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers: Statistical Disparities and Civil Rights Concerns

The Los Angeles Times report indicated that during an 18-month period beginning in 2021, over 200 migrants faced charges under Section 1459, with over 60% of those being from Muslim-majority countries, despite such individuals constituting less than 5% of all southern border entries. Historically linked to drug smuggling cases, the application of Section 1459 to these asylum-seekers suggests a potentially discriminatory pattern of enforcement.

In his correspondences, Durbin asks the DOJ to furnish a detailed statistical breakdown of prosecutions under Section 1459 since 2016, emphasizing the need to clarify whether there has been a shift in migration patterns that could explain the disproportionate focus on Muslim-majority country nationals.

DOJ's Response

As of Thursday, the Department of Justice has opted not to comment on Senator Durbin's inquiry. However, the looming deadline of May 9 for the DOJ to respond adds pressure, potentially catalyzing a reevaluation of prosecution strategies at the border.