District Sentencing

Guidelines Manual, Chapter TwoFY2018–FY2025

Guidelines

§2L1.2

Unlawfully entering or remaining in the United States · 24.2% of federal cases · Guidelines Manual

The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.

18,204cases, FY2025127,138 over FY2018–FY2025
6median prison monthsall cases 24
65%within guideline rangeall cases 47%
97%cases with a prison termall cases 92%

§ 1Length of prison terms

41%
24%
21%
8%
4%
1%
0%
<10
<10
median 6 mo
under 6 mo6–11 mo1–2 yr2–3 yr3–5 yr5–10 yr10–15 yr15–20 yr20–30 yr30 yr+life
Share of cases with a prison term, by length of the term (123,548 cases with a prison term; life and terms of 470 months or more counted as life). Grey: all federal cases.

Interquartile range 3–15 months; mean 11. 0 cases at the 470-month cap.

§ 2Summary

§2L1.2 (unlawfully entering or remaining in the united states) was the primary guideline in 127,138 cases sentenced across 8 fiscal years (FY2018–FY2025), 24.2% of all cases, with 18,204 in FY2025. The Commission classes most of them as immigration.

The median prison term under §2L1.2 was 6 months (all cases nationally: 24 months); 97% of cases carried a prison term.

65% of sentences were within the guideline range. Of the rest, 21% were below the range on a government motion, 11% below it for other reasons and 3% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.

Caseload in FY2025 was about the same as in FY2018. The median prison term was about the same in FY2025 as in FY2018.

§ 3Departures and variances

Within guideline range 65%Above range 3%Below range, government sponsored 21%Below range, other 11%Not determinable 47

Commission category (SENTRNGE)CasesShareAll cases
Within range82,74165.1%47.4%
Upward departure3680.3%0.5%
Above-range variance3,4212.7%2.6%
§5K1.1 substantial assistance2570.2%9.5%
§5K3.1 early disposition24,48019.3%9.2%
Government-sponsored departure8550.7%1.9%
Government-sponsored variance1,5391.2%8.0%
Downward departure4,2923.4%2.1%
Below-range variance9,1387.2%18.8%
Missing or indeterminable47——

Shares are of cases with a determinable range status. Departures cite a provision of the Guidelines Manual; variances rest on the statutory sentencing factors (18 U.S.C. §3553(a)) after United States v. Booker.

§ 4Cases by fiscal year

18k
22k
20k
12k
12k
13k
13k
18k
’18’19’20’21’22’23’24’25
Cases sentenced under §2L1.2 per fiscal year (fiscal years 2018–2025)
6
6
5
10
9
8
8
6
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
Fiscal yearCasesPrisonMedian monthsWithin rangeBelow, gov.Below, otherAbove
FY201818,24196%669%19%9%2%
FY201922,07797%669%20%9%2%
FY202019,65497%566%22%11%1%
FY202111,56599%1054%29%15%2%
FY202211,97899%955%29%14%2%
FY202312,86999%861%24%11%3%
FY202412,55096%865%20%11%5%
FY202518,20497%671%14%7%8%

§ 5Offence types the Commission assigns

Primary offence typeCasesShare
Immigration127,138100.0%

§ 6Districts with the most cases

DistrictCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
Western District of Texas W.D. Tex.36,48692%686%1%7%
Southern District of Texas S.D. Tex.28,793100%1062%13%23%
District of Arizona D. Ariz.20,490—637%61%2%
District of New Mexico D.N.M.13,943—367%28%4%
Southern District of California S.D. Cal.3,79899%1212%84%3%
Middle District of Florida M.D. Fla.1,99688%579%5%13%
Southern District of Florida S.D. Fla.1,839—382%3%11%
Northern District of Texas N.D. Tex.1,441100%2177%—10%
District of Utah D. Utah1,26976%628%70%2%
Eastern District of Michigan E.D. Mich.758—382%—17%
Northern District of Georgia N.D. Ga.692100%561%11%28%
District of Puerto Rico D.P.R.62888%969%11%18%
Eastern District of Texas E.D. Tex.600100%1681%5%2%
District of Nebraska D. Neb.577100%558%40%—
Central District of California C.D. Cal.55198%1521%66%12%
Western District of Oklahoma W.D. Okla.509100%1074%3%21%
District of South Carolina D.S.C.484—584%—14%
District of Colorado D. Colo.429100%1228%66%4%
Eastern District of North Carolina E.D.N.C.409—1189%—7%
District of Nevada D. Nev.40997%1023%66%10%

By circuit

CircuitCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Columbia Circuit<10fewer than 10 cases
First Circuit1,03993%866%12%21%
Second Circuit91799%766%9%23%
Third Circuit1,004—867%13%19%
Fourth Circuit2,081—779%4%14%
Fifth Circuit67,94396%876%6%14%
Sixth Circuit2,327—578%6%14%
Seventh Circuit697—1165%4%29%
Eighth Circuit2,019100%571%16%10%
Ninth Circuit26,665100%833%63%3%
Tenth Circuit16,84098%363%31%5%
Eleventh Circuit5,60395%479%5%13%

§ 7Questions and answers

What is §2L1.2?

Section 2L1.2 of the Guidelines Manual: unlawfully entering or remaining in the united states. On this site a case is counted under a guideline when the Commission records it as the primary guideline (GDLINEHI) applied at sentencing.

What is the typical sentence under §2L1.2?

The median prison term over FY2018–FY2025 was 6 months, with the middle half between 3 and 15 months.

How often do sentences under §2L1.2 depart or vary from the range?

35% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 0% and below-range variances for 7%.

Which districts see the most §2L1.2 cases?

the Western District of Texas (36,486), the Southern District of Texas (28,793) and the District of Arizona (20,490).

§ 8Provenance

Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Guideline is the Commission's GDLINEHI field (primary guideline applied). Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.