Putting TRAC to Work
  Policy and Public Interest Groups
American Immigration Council
January 26, 2020

Prosecuting People for Coming to the United States

Combined, violations of 8 U.S.C. §§ 1325 and 1326 have become the most prosecuted federal offenses.12Indeed, as of December 2018, they constituted 65 percent of allcriminal prosecutions in federal court. If a person is charged with “illegal reentry” (a felony), the prosecutor often will add a charge of “illegal entry” (a misdemeanor) to the indictment. The prosecutor can then pressure the migrant to plead guilty to the lesser offense (“illegal entry”) in exchange for a shorter sentence—perhaps even time served.....[Citing TRAC data and reports].

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