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Index/Topics/Criticisms of Prosecutions for Entry

Criticisms of Prosecutions for Entry

Critics argue that criminalizing unauthorized entry duplicates civil removal mechanisms, wastes prosecutorial resources, and causes human-rights harms.

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Jan 29, 2026
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What changes have U.S. administrations made to prosecutorial discretion for 1325 cases since 2000?

Presidential administrations since 2000 have repeatedly shifted the executive branch’s use of prosecutorial discretion for C. §1325 (illegal entry), producing an oscillating pattern in which guidance,...