U.S. Steps Up Deportation Of Immigrant Criminals

"What's happening more and more is the police, when investigating a case, will research immigration status," said Rob Robertson, an Annandale lawyer who practices criminal and immigration law.

As a result, defense lawyers and prosecutors are increasingly confronting the complexities of immigration law -- a task some have assumed grudgingly.

"It's a minefield that defense attorneys need to understand before entering into plea negotiations in a criminal case, before resolving the case in any way," Montgomery County Public Defender Paul DeWolfe said.

An immigration judge who requested anonymity because he is not authorized to speak publicly said his cases increasingly involve illegal immigrants charged with relatively minor offenses, such as driving without a license.

"What's growing is the kinds of offenses being brought to ICE's attention," said the judge, who is not based in the Washington area. The judge said he believes that is partly due to the growing concern about illegal immigration in many parts of the country.

"Cities are overwhelmed with the consequences and costs of illegal immigration," the judge said. "It's a concerted effort to get rid of them, get them out of their community."

Denise Slavin, vice president of the National Association of Immigration Judges, said that when she joined the bench 10 years ago, local law enforcement officials frequently complained that their calls to immigration agents went unheeded.

"Now, even something that turns out to be a false charge, they get turned over to the department," she said, referring to ICE.

Slavin said Congress has increased funding for immigration enforcement initiatives but has not provided commensurate financial support to the immigration court system. The flood of cases of immigrants convicted of crimes has been especially vexing, she said, because judges must evaluate the complex and fluid intersection of criminal and immigration law, which varies from state to state.

"It's been a big burden on our system," said Slavin, who is based in Miami. "We're dealing with more complex cases and fewer resources."

Elaine Komis, spokeswoman for the immigration court system, acknowledged that the number of immigration judges has remained steady, despite the steep increase in cases they hear. "We feel comfortable that we will be able to deal with any increased caseload," she said in a statement.

Immigration judges and lawyers say the case volume is forcing judges to rule quickly on complicated cases and is keeping people in custody longer as they await their day in court -- an issue Myers says the government is addressing by streamlining the removal process in certain cases.