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.
 | U.S. Code | | Description |
| 08 USC 01324 | | Bringing in and harboring certain aliens |
| 08 USC 01324a | | Unlawful employment of aliens |
| 08 USC 01325 | | Entry of alien at improper time or place; etc. |
| 08 USC 01326 | | Reentry of deported alien |
| 17 USC 00506 | | Copyright infringement - Criminal offenses |
| 18 USC 00111 | | Assaulting, resisting, impeding certain officers |
| 18 USC 00113 | | Assaults within maritime and territorial jurisdictions |
| 18 USC 00115 | | Influencing, impeding, or retaliating against a Federal official |
| 18 USC 00371 | | Conspiracy to commit offense or to defraud US |
| 18 USC 00545 | | Smuggling goods into the United States |
| 18 USC 00553 | | Import/exportation of stolen motor vehicles, etc |
| 18 USC 00554 | | Smuggling goods from the United States |
| 18 USC 00641 | | Public money, property or records |
| 18 USC 00751 | | Escape - Prisoners in custody |
| 18 USC 00758 | | High speed flight from immigration checkpoint |
| 18 USC 00875 | | Interstate Communications |
| 18 USC 00911 | | False personification - Citizen of the US |
| 18 USC 00922 | | Firearms; Unlawful acts |
| 18 USC 00924 | | Firearms; Penalties |
| 18 USC 01001 | | Fraud/false statements or entries generally |
| 18 USC 01015 | | Fraud - Natzation, citizenship, alien registry |
| 18 USC 01028 | | Fraud and related activity - id documents |
| 18 USC 01028A | | Aggravated Identity Theft |
| 18 USC 01029 | | Fraud and related activity - access devices |
| 18 USC 01040 | | Fraud in connection with major disaster or emergency benefits |
| 18 USC 01343 | | Fraud by wire, radio, or television |
| 18 USC 01344 | | Bank Fraud |
| 18 USC 01347 | | Health Care Fraud |
| 18 USC 01349 | | Mail Fraud - Attempt and Conspiracy |
| 18 USC 01425 | | Procurement of citizenship or naturalization unlaw |
| 18 USC 01519 | | Destruct, alter, falsify records in fed. investigations and bankruptcy |
| 18 USC 01542 | | False statement in application and use of passport |
| 18 USC 01543 | | Forgery or false use of passport |
| 18 USC 01544 | | Misuse of passport |
| 18 USC 01546 | | Fraud and misuse of visas, permits, and other documents |
| 18 USC 01591 | | Sex trafficking of children by force, fraud or coercion |
| 18 USC 01951 | | Hobbs Act |
| 18 USC 01956 | | Laundering of monetary instruments |
| 18 USC 01959 | | Violent crimes in aid of racketeering activity |
| 18 USC 01960 | | Prohibition of illegal money transmitting business |
| 18 USC 02237 | | Criminal Sanction for Failure to heave to or provide false information |
| 18 USC 02250 | | Fail to register as sex offender after traveling interstate commerce |
| 18 USC 02251 | | Sexual exploitation of children |
| 18 USC 02252 | | Material involving sexual exploitation of minors |
| 18 USC 02252A | | Activity relating material constituting/containing chil |
| 18 USC 02320 | | Trafficking in counterfeit goods or services |
| 18 USC 02342 | | Trafficking in contraband cigarettes Unlawful acts |
| 18 USC 02422 | | Transport for sex - Coercion and enticement |
| 18 USC 03146 | | Penalty for failure to appear |
| 18 USC 03583 | | Term of supervised release after imprisonment |
| 18 USC 03606 | | Arrest and return of a probationer |
| 19 USC 01459 | | Reporting requirements for individuals |
| 21 USC 00841 | | Drug Abuse Prevention & Control-Prohibited acts A |
| 21 USC 00844 | | Penalty for simple possession |
| 21 USC 00846 | | Attempt and conspiracy |
| 21 USC 00952 | | Importation of controlled substances |
| 21 USC 00963 | | Attempt and conspiracy |
| 22 USC 02778 | | Control of arms exports and imports |
| 31 USC 05316 | | Exporting and importing monetary instruments |
| 31 USC 05332 | | Bulk Cash Smuggling into or out of the United States |
| 42 USC 00408 | | Fed Old Age, Survivors & Disab Insur -Penalties |
| 46 USC 70503 | | Possession control substance on vessel subject to jurisdiction of US |
| 46 USC 70506 | | Penalties |