In a recent report, the ACLU has raised concerns about the potential discriminatory practices at the U.S.-Mexico border. The organization’s lawyers have noted an unusual trend where a significant number of individuals, particularly from Muslim-majority countries, are being charged under a seldom-used law. This has led to speculation that the FBI might be targeting these individuals to recruit them as informants.
Every year, thousands attempt to cross the southern U.S. border, but only a minuscule fraction face legal charges. However, an obscure law, U.S. 19 1459, has been invoked more frequently in recent times. Data from the U.S. attorney’s office in Del Rio, Texas, reveals that over 200 individuals were arraigned for violating this law in a span of 18 months, starting from October 2021. Alarmingly, over 60% of these individuals hailed from Muslim-majority nations, including Afghanistan, Syria, Iran, and Mali. This is a disproportionate number, considering that asylum seekers and migrants from these countries represent only a tiny segment of those attempting to cross the southern border.
The motivations behind these prosecutions remain unclear. However, some speculate that concerns about potential infiltration by extremist groups, such as Al-Qaeda or Daesh, might be influencing these actions. By targeting individuals from Muslim-majority countries, the FBI could potentially exert significant leverage over them, turning them into informants.
In April, following a report by the LA Times, there was a brief lull in such prosecutions. However, subsequent data indicates that the trend has persisted, with a similar proportion of individuals from Muslim-majority countries being charged for unauthorized entry. Those found guilty often receive the maximum sentence of six months. After serving their sentences, many are transferred to the custody of Immigration and Customs Enforcement (ICE). Their challenges don’t end upon leaving ICE custody; without asylee status, they face the risk of deportation to their home countries.