Fast-Tracking Justice: An Examination of the Role of Gender in the Application of Federal Early Disposition Decisions and Other Departure Outcomes for Immigration Offenses

Abstract

In light of allegations that the federal use of early disposition (§5K3) departures circumvents efforts at equality and transparency, this study examines the role of gender in the application of §5K3 outcomes for immigration violations. The current study uses data from the United States Sentencing Commission’s Monitoring of Federal Sentences from 2006 to 2017 to examine the effects of gender across departure decisions for immigration offenders with an emphasis on §5K3 outcomes, variability in §5K3 outcomes among women, and differential predictors of §5K3 outcomes between men and women. The results of this study conclude that female leniency does extend to immigration violations but does not apply to early disposition odds. The odds of receiving a §5K3 outcome vary among women according to race, citizenship status, and motherhood, among others. The predictors of §5K3 outcomes also vary between men and women, suggesting that decision makers may consider different factors for men and women when applying departures.