About the Law Federal prosecutors frequently choose to charge individual defendants with a variety of crimes under a number of different statutes. An illegal alien who is caught while negotiating a drug deal, for example, might be indicted for drug dealing, numerous conspiracy offenses, as well as immigration violations. During the data collection process, the Justice Department asks the prosecutors to select the "lead charge" on all referrals that they handle. Obviously, these judgments often are somewhat subjective when multiple serious charges are involved. Sometimes, they are influenced by the political needs of the moment: an administration, for example, that wants to show the public it is concentrating on narcotics or illegal immigrants along the southwest border.
Here then, as viewed through the lens of federal prosecutors across the country, are the most frequently cited "lead charges" involved in referrals coming from the DHS. The complete text of these frequently cited lead charges can be viewed by selecting the particular statute of interest in the following table.
Click on statute to view text
U.S. Code Description 08 USC 01324 Bringing in and harboring certain aliens 08 USC 01325 Entry of alien at improper time or place; etc. 08 USC 01326 Reentry of deported alien 18 USC 00371 Conspiracy to commit offense or to defraud US 18 USC 00911 False personification - Citizen of the US 18 USC 00922 Firearms; Unlawful acts 18 USC 01001 Fraud/false statements or entries generally 18 USC 01028 Fraud and related activity - id documents 18 USC 01344 Bank Fraud 18 USC 01546 Fraud and misuse of visas, permits, and other documents 18 USC 02252 Material involving sexual exploitation of minors 18 USC 01028A Aggravated Identity Theft 18 USC 02252A Activity relating material constituting/containing child pornography 21 USC 00841 Drug Abuse Prevention & Control-Prohibited acts A 21 USC 00846 Attempt and conspiracy 21 USC 00952 Importation of controlled substances 21 USC 00963 Attempt and conspiracy
