ST. THOMAS – In response to a surge in immigration-related cases, the District Court of the Virgin Islands has expanded the authority of magistrate judges, giving them full responsibility over improper entry cases.
Effective April 7, all complaints brought under 8 U.S.C. § 1325(a), which pertains to “improper entry by an alien,” will be assigned to magistrate judges on a rotating basis. This section of the United States Code outlines the criminal penalties for individuals who enter, or attempt to enter, the United States unlawfully.
In an order signed on Monday, Chief Judge Robert Molloy cited an “inordinate number” of these cases being filed in the Division of St. Thomas/St. John and stated that this shift is intended to “maintain the proper administration of justice and to appropriately allocate court resources.”
Magistrate judges typically handle the early and more routine parts of cases, like initial hearings and bail decisions, therefore easing the caseload of district judges and allowing them to focus resources on more complex legal proceedings.
However, under this new arrangement, magistrate judges in the Virgin Islands will take on full responsibility for these specific immigration cases.
According to the order, magistrate judges assigned to these cases will be “specially designated” with authority under 18 U.S.C. § 3401(a) to conduct trials, issue convictions, and sentence individuals accused of committing such misdemeanors within the judicial district. The order also allows these magistrate judges to request presentence investigations through the court’s probation services before issuing a sentence.
While the move highlights the growing strain on judicial resources in the territory, the assignment of U.S. district judges will remain unchanged for any of these cases brought before April 7.
