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Index/Topics/Prosecutorial Discretion for 8 U.S.C. §1325

Prosecutorial Discretion for 8 U.S.C. §1325

The use of prosecutorial discretion for 8 U.S.C. §1325 (illegal entry) has oscillated between administrations, with varying guidance, resource pressures, and political directives influencing the scope of criminal prosecutions for border crossing.

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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,...