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.
