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Immigration Prosecutions Under 8 U.S.C. §1325 and §1326

The fact-check discusses the prevalence of criminal prosecutions under 8 U.S.C. §1325 and §1326 in federal criminal caseloads, the role of DHS referrals, and the distinction between criminal and civil removal proceedings.

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Jan 11, 2026
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How often are migrants prosecuted criminally under 8 U.S.C. §1325 versus placed in civil removal proceedings?

Criminal prosecutions under 8 U.S.C. §1325 (illegal entry) and §1326 (illegal reentry) have become a large and visible share of federal criminal caseloads in recent years — at times representing more ...