The U.S. Marshals Service: An Underutilized Asset in Combating Migrant Crime
The USMS’s Regional Fugitive Task Forces provide a ready-made framework for addressing migrant crime.
The ongoing challenges associated with migrant crime in the United States demand innovative solutions and the strategic allocation of resources. While Immigration and Customs Enforcement (ICE) and Border Patrol agencies are typically at the forefront of addressing illegal immigration, there is untapped potential in leveraging the capabilities of the U.S. Marshals Service (USMS) to enhance enforcement efforts. With a storied history, unparalleled expertise in fugitive apprehension, and an existing infrastructure of regional task forces, the USMS is uniquely positioned to combat migrant crime, particularly in targeting reentry offenders and high-profile fugitives connected to immigration violations.
By redirecting resources from less impactful government initiatives, such as the funding of 87,000 new IRS agents, and bolstering ICE and the USMS, the federal government can create a more robust and efficient system to address the criminal elements associated with illegal immigration.
The Role of the U.S. Marshals Service
The U.S. Marshals Service operates as the enforcement arm of federal courts and plays a pivotal role in the apprehension of dangerous fugitives. Under the Presidential Threat Protection Act of 2000, the USMS oversees the nation’s Regional Fugitive Task Forces (RFTFs), which unify federal, state, and local law enforcement agencies to apprehend high-priority fugitives. These task forces have proven their value: in a single year, they arrested more than 84,000 fugitives and cleared nearly 100,000 warrants.
The USMS has also expanded its scope under the 2015 Justice for Victims of Trafficking Act (JVTA), allowing the agency to locate and recover missing children upon request by other law enforcement agencies. This track record underscores its versatility, operational efficiency, and ability to address cross-jurisdictional challenges. Migrant crime, which frequently involves complex networks and multiple jurisdictions, represents a logical extension of the USMS’s capabilities.
Migrant Crime and Illegal Reentry
The crime of illegal reentry, defined under 8 U.S.C. § 1326, is a federal offense that penalizes individuals who unlawfully reenter, attempt to reenter, or are found in the United States after being deported or denied admission. While often overshadowed by broader debates on immigration policy, illegal reentry poses significant public safety risks. Many offenders have prior criminal convictions, including violent crimes, drug trafficking, and human smuggling.
Despite its gravity, enforcement of illegal reentry laws remains inconsistent, particularly in sanctuary jurisdictions that resist cooperation with ICE. This creates gaps in enforcement and allows dangerous offenders to exploit systemic weaknesses. The USMS, with its mandate to apprehend fugitives and address federal crimes, is ideally suited to fill these gaps.
Leveraging Regional Fugitive Task Forces
The USMS’s Regional Fugitive Task Forces provide a ready-made framework for addressing migrant crime. These task forces excel in identifying, locating, and apprehending fugitives, and they operate seamlessly across federal, state, and local jurisdictions. Integrating illegal reentry enforcement into the RFTFs’ mission would significantly enhance efforts to identify and arrest individuals who reenter the country unlawfully.
By focusing on high-priority offenders, such as those with violent criminal histories or links to organized crime, the USMS could target the most dangerous elements of migrant crime. Furthermore, RFTFs could assist ICE in high-profile investigations and operational surges, particularly in regions heavily impacted by illegal immigration.
Addressing Sanctuary Jurisdictions
One of the most significant challenges in enforcing immigration laws is the rise of sanctuary cities and states, which limit cooperation with federal immigration authorities. However, these jurisdictions cannot prohibit federal law enforcement from enforcing federal laws. The USMS, operating under federal authority, is not bound by state or local restrictions that hinder ICE operations.
Deploying the USMS to enforce illegal reentry laws in sanctuary jurisdictions would circumvent local resistance and ensure that federal immigration laws are upheld. This approach would send a clear message that sanctuary policies cannot shield individuals who pose a threat to public safety.
Funding and Resource Allocation
The proposal to transfer funding from the hiring of 87,000 IRS agents to ICE and the USMS is both practical and necessary. Addressing migrant crime is a more pressing national priority than expanding tax enforcement. By reallocating these funds, the federal government could significantly enhance the capabilities of ICE and the USMS, ensuring that both agencies have the resources needed to address illegal immigration and related criminal activities effectively.
This funding could support additional personnel, advanced technology for tracking and apprehension, and operational expansions for the USMS’s RFTFs. It could also facilitate joint training programs for ICE and USMS personnel, fostering greater collaboration and efficiency.
A Proven Track Record
The USMS has demonstrated its ability to handle complex, high-stakes operations. In fiscal year 2022 alone, the agency arrested over 75,000 fugitives, including individuals wanted for violent crimes, drug offenses, and sex crimes. Its expertise in fugitive investigations is unmatched, making it a natural partner in addressing migrant crime.
Moreover, the USMS’s involvement in locating and recovering missing children highlights its capacity to adapt to new challenges. This adaptability would be invaluable in addressing the multifaceted issues associated with illegal immigration, from human trafficking to criminal reentry.
Legal and Policy Considerations
Expanding the USMS’s role in combating migrant crime aligns with its existing mandate and statutory authority. The agency’s mission includes enforcing federal laws, supporting other law enforcement agencies, and ensuring public safety. Integrating illegal reentry enforcement into its responsibilities would not require a fundamental shift in its operations but rather an expansion of its focus.
Critics may argue that this approach risks conflating immigration enforcement with criminal justice. However, it is essential to distinguish between civil immigration violations and criminal offenses such as illegal reentry. By focusing on the latter, the USMS would target individuals who pose genuine threats to public safety, rather than contributing to broader immigration enforcement debates.
Conclusion
The U.S. Marshals Service is a vital but underutilized resource in addressing migrant crime. By leveraging its expertise in fugitive apprehension and its existing infrastructure of Regional Fugitive Task Forces, the USMS can play a transformative role in combating illegal reentry and related offenses. This approach would not only enhance public safety but also strengthen the enforcement of federal immigration laws in the face of local resistance.
Reallocating funding from less critical initiatives, such as the expansion of the IRS, to ICE and the USMS would provide the necessary resources to implement this strategy effectively. As the nation continues to grapple with the challenges of illegal immigration and its associated crimes, it is imperative to utilize every available tool to protect public safety and uphold the rule of law.
The U.S. Marshals Service has a long history of rising to meet the nation’s most pressing challenges. By integrating its capabilities into the fight against migrant crime, the federal government can ensure a more coordinated, effective, and just response to one of the most critical issues of our time.
Sources
U.S. Marshals Service. (n.d.). Fact Sheet: Fugitive Operations. Retrieved from U.S. Marshals official website.
Justice.gov. (2015). Justice for Victims of Trafficking Act of 2015. Retrieved from Department of Justice website.
U.S. Code. (n.d.). 8 U.S.C. § 1326 - Reentry of removed aliens. Retrieved from Cornell Law School's Legal Information Institute.
Department of Homeland Security. (n.d.). Enforcement and Removal Operations Report. Retrieved from DHS website.