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 01325 Entry of alien at improper time or place; etc. 08 USC 01326 Reentry of deported alien 08 USC 01328 Importation of alien for immoral purpose 18 USC 00002 Aiding and Abetting 18 USC 00003 Accessory after the fact 18 USC 00111 Assaulting, resisting, impeding certain officers 18 USC 00287 False, fictitious or fraudulent claims 18 USC 00371 Conspiracy to commit offense or to defraud US 18 USC 00542 Entry of goods by means of false statements 18 USC 00545 Smuggling goods into the United States 18 USC 00549 Removing goods from customs custody; breaking seal 18 USC 00551 Concealing or destroying invoices or other papers 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 00846 Explosives - Additional powers of the Secretary 18 USC 00875 Interstate Communications 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 00930 Possession of firearms/dangerous weapons in federal facility 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 01030 Fraud and related activity - computers 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 01347 Health Care 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 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 01791 Providing or possessing contraband in prison 18 USC 01952 Racketeering -interstate/foreign travel/transport 18 USC 01956 Laundering of monetary instruments 18 USC 01962 RICO - prohibited activities 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 02251A Selling or buying children 18 USC 02252 Material involving sexual exploitation of minors 18 USC 02252A Activity relating material constituting/containing chil 18 USC 02314 Transportation of stolen goods, etc 18 USC 02320 Trafficking in counterfeit goods or services 18 USC 02342 Trafficking in contraband cigarettes Unlawful acts 18 USC 02421 Transportation for illegal sexual activity and related crimes 18 USC 02422 Transport for sex - Coercion and enticement 18 USC 02423 Transportation of minors for sexual activity 18 USC 03146 Penalty for failure to appear 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 00960 Prohibited acts A 21 USC 00963 Attempt and conspiracy 31 USC 05316 Exporting and importing monetary instruments 31 USC 05324 Structuring transactions to evade reporting requir 31 USC 05332 Bulk Cash Smuggling into or out of the United States 33 USC 01908 Prevention of Pollution from Ships - Penalties 42 USC 00408 Fed Old Age, Survivors & Disab Insur -Penalties 46 USC 02302 Operation of Vessels; Penalties for negligent op 46 USC 70503 Possession control substance on vessel subject to jurisdiction of US 46 USC 70506 Penalties
