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 01253 Alien hindering his/her removal from the US 08 USC 01306 Immigration - Penalties 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 08 USC 01327 Aiding or assisting subversive alien to enter 18 USC 00003 Accessory after the fact 18 USC 00004 Misprision of Felony 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 00287 False, fictitious or fraudulent claims 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 00911 False personification - Citizen of the US 18 USC 00912 False personification - Officer or employee of 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 01040 Fraud in connection with major disaster or emergency benefits 18 USC 01341 Mail Fraud - Frauds and swindles 18 USC 01343 Fraud by wire, radio, or television 18 USC 01344 Bank Fraud 18 USC 01349 Mail Fraud - Attempt and Conspiracy 18 USC 01361 Malicious Mischief - Govrnmt property or contracts 18 USC 01425 Procurement of citizenship or naturalization unlaw 18 USC 01470 Transfer of obscene materials to minors 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 01955 Prohibition of illegal gambling businesses 18 USC 01956 Laundering of monetary instruments 18 USC 01960 Prohibition of illegal money transmitting business 18 USC 01962 RICO - prohibited activities 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 02312 Transportation of stolen vehicles 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 02423 Transportation of minors for sexual activity 18 USC 03144 Release or detention of a material witness 18 USC 03583 Term of supervised release after imprisonment 19 USC 01459 Reporting requirements for individuals 21 USC 00331 Fed Food, Drug & Cosmetics Act - Prohibited acts 21 USC 00841 Drug Abuse Prevention & Control-Prohibited acts A 21 USC 00843 Drug Abuse Prevention & Control-Prohibited acts C 21 USC 00844 Penalty for simple possession 21 USC 00844a Civil penalty for possession of small amounts of certain controlled substances 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 33 USC 01232 Ports and Waterways - Enforcement Provisions 33 USC 01908 Prevention of Pollution from Ships - Penalties 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
