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Illegal reentry has risen to particular prominence. Today, it is not only the most common federal immigration charge, but it is also the
most prosecuted federal crime.
ICE officials would have to keep meticulous track of every piece of information they received, paying close attention to when they had information sufficient to meet a constructive discovery standard such that they could act before the prosecution was time-barred. As a result, it may also require that ICE decide whether or not to allocate enforcement resources to a given illegal reentrant at an earlier time, based on more limited information. This could further undermine ICE’s effectiveness, particularly given that the agency is
already resource-strapped.
There were over 35,000 illegal reentry prosecutions in 2010, a number that continued to
increase in 2011........[citing TRAC research].
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