District Sentencing

Offence typesFY2018–FY2025

Offence types

Immigration

Primary offence type · Commission code 17 · 33.8% of federal cases

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.

25,119cases, FY2025177,224 over FY2018–FY2025
6median prison monthsall offences 24
62%within guideline rangeall offences 47%
95%cases with a prison termall offences 92%

§ 1Length of prison terms, all districts

42%
23%
21%
8%
4%
1%
0%
0%
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 (168,711 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. <10 cases at the 470-month cap (life or longer).

§ 2Summary

Across 8 fiscal years (FY2018–FY2025), 177,224 sentenced cases had immigration as their primary offence type (33.8% of the national caseload); FY2025 accounts for 25,119.

The national median prison term for immigration offences was 6 months, against 24 months for all cases; 95% of cases carried a prison term and the middle half of terms fell between 3 and 15 months.

62% of sentences were within the guideline range, 25% below it on a government motion, 11% below it for other reasons and 3% above it.

The districts with the most immigration offences were the Western District of Texas (47,681), the Southern District of Texas (44,554) and the District of Arizona (26,074).

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

§ 3Position relative to the guideline range

Within guideline range 62%Above range 3%Below range, government sponsored 25%Below range, other 11%Not determinable 881

MeasureImmigrationAll offence types
Median prison months624
Mean prison months1151
Cases with a prison term95%92%
Within guideline range62%47%
Above range3%3%
Below range, government sponsored25%29%
Below range, other11%21%
Median final offence level1017
Criminal history category I44%46%

§ 4Districts compared

Every district with at least one case, most cases first. Districts with at least 30 cases in 2021–2025 link to a district × offence page; others link to the district's overview. Rows under 10 cases show the count only.

DistrictCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
Western District of Texas W.D. Tex.47,68192%784%3%7%
Southern District of Texas S.D. Tex.44,55497%861%18%20%
District of Arizona D. Ariz.26,07495%734%63%3%
District of New Mexico D.N.M.16,076100%364%29%6%
Southern District of California S.D. Cal.11,98396%621%75%4%
Southern District of Florida S.D. Fla.3,00997%380%4%13%
Middle District of Florida M.D. Fla.2,17487%579%6%13%
Northern District of Texas N.D. Tex.1,554—2077%—10%
District of Utah D. Utah1,28277%629%70%2%
Northern District of New York N.D.N.Y.93398%375%14%10%
Eastern District of Virginia E.D. Va.90499%377%3%19%
Eastern District of Michigan E.D. Mich.86799%380%2%19%
District of Puerto Rico D.P.R.86186%872%10%17%
Northern District of Georgia N.D. Ga.80596%560%11%27%
Central District of California C.D. Cal.77793%1331%53%14%
Eastern District of Texas E.D. Tex.657—1680%6%3%
District of Nebraska D. Neb.618—558%38%2%
District of South Carolina D.S.C.55597%583%3%14%
Western District of Oklahoma W.D. Okla.513100%1073%3%21%
Eastern District of North Carolina E.D.N.C.50594%1086%2%9%
Northern District of Ohio N.D. Ohio49797%486%3%9%
District of Nevada D. Nev.45296%927%62%10%
District of Colorado D. Colo.451—1230%63%5%
District of Idaho D. Idaho432—363%25%12%
Middle District of Pennsylvania M.D. Pa.425—083%9%8%
Southern District of Mississippi S.D. Miss.410—688%3%—
Eastern District of Pennsylvania E.D. Pa.40096%1067%11%19%
Western District of North Carolina W.D.N.C.37397%781%5%10%
District of Massachusetts D. Mass.36496%752%18%28%
Northern District of Oklahoma N.D. Okla.362—876%7%14%
Eastern District of New York E.D.N.Y.33196%1263%7%27%
District of New Jersey D.N.J.32795%1066%9%24%
Western District of New York W.D.N.Y.324—283%7%10%
Southern District of New York S.D.N.Y.31596%644%15%40%
Eastern District of Kentucky E.D. Ky.315—691%—5%
Northern District of Iowa N.D. Iowa308—496%——
Western District of Michigan W.D. Mich.303—681%—15%
Eastern District of Washington E.D. Wash.294—370%24%4%
District of Maryland D. Md.292—868%20%9%
District of Oregon D. Or.292—443%30%27%
Northern District of Illinois N.D. Ill.286—1652%—43%
Northern District of Florida N.D. Fla.285100%375%15%8%
Southern District of Ohio S.D. Ohio27396%668%18%11%
Western District of Louisiana W.D. La.270—492%—6%
Northern District of Alabama N.D. Ala.269—681%—12%
District of South Dakota D.S.D.253—380%—16%
District of North Dakota D.N.D.243—372%19%9%
Middle District of Georgia M.D. Ga.241100%585%—8%
Eastern District of Tennessee E.D. Tenn.236—585%6%7%
District of Delaware D. Del.228—370%25%6%
Southern District of Georgia S.D. Ga.209—496%——
Eastern District of Arkansas E.D. Ark.20394%173%—22%
District of Kansas D. Kan.200—961%27%9%
Southern District of Iowa S.D. Iowa196100%877%5%17%
Southern District of Alabama S.D. Ala.193—380%12%6%
Western District of Kentucky W.D. Ky.191—555%29%15%
District of Wyoming D. Wyo.189—244%55%—
Eastern District of California E.D. Cal.188—1836%46%16%
Western District of Washington W.D. Wash.187—418%73%8%
Eastern District of Louisiana E.D. La.18395%583%6%9%
Middle District of North Carolina M.D.N.C.17391%1879%—9%
Eastern District of Missouri E.D. Mo.163—582%—12%
Western District of Missouri W.D. Mo.155—1272%—9%
Western District of Virginia W.D. Va.152—375%—19%
Middle District of Alabama M.D. Ala.143100%389%——
Northern District of California N.D. Cal.14085%1445%26%29%
Middle District of Tennessee M.D. Tenn.135100%737%22%41%
Middle District of Louisiana M.D. La.128—687%——
District of Vermont D. Vt.126—059%27%15%
Western District of Arkansas W.D. Ark.124—973%—19%
Southern District of Indiana S.D. Ind.115100%1277%—20%
District of Minnesota D. Minn.113—860%25%14%
Western District of Wisconsin W.D. Wis.109100%881%—14%
District of Montana D. Mont.103—469%—27%
Southern District of Illinois S.D. Ill.101100%586%—11%
District of New Hampshire D.N.H.99—380%—11%
Western District of Pennsylvania W.D. Pa.9889%078%10%10%
Western District of Tennessee W.D. Tenn.87—677%—15%
District of Maine D. Me.78—385%——
Eastern District of Wisconsin E.D. Wis.76—357%15%28%
Northern District of Indiana N.D. Ind.75—969%—19%
District of Connecticut D. Conn.74—1241%22%37%
Southern District of West Virginia S.D.W. Va.74—380%——
District of the Northern Mariana Islands D.N. Mar. I.66—179%——
District of the Virgin Islands D.V.I.65—685%——
Central District of Illinois C.D. Ill.60—865%—27%
District of Rhode Island D.R.I.49100%441%—53%
Northern District of West Virginia N.D.W. Va.43—374%——
District of Hawaii D. Haw.40—498%0%0%
Northern District of Mississippi N.D. Miss.30100%0———
District of Guam D. Guam2152%267%——
District of Columbia D.D.C.19—268%——
Eastern District of Oklahoma E.D. Okla.13100%885%0%—
District of Alaska D. Alaska<10fewer than 10 cases

§ 5Circuits compared

CircuitCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Columbia Circuit19—268%——
First Circuit1,45190%667%12%20%
Second Circuit2,10397%468%13%18%
Third Circuit1,54397%573%12%14%
Fourth Circuit3,07197%679%5%13%
Fifth Circuit95,46795%873%10%13%
Sixth Circuit2,90498%578%7%14%
Seventh Circuit822—1067%4%27%
Eighth Circuit2,37698%573%15%10%
Ninth Circuit41,05495%731%65%4%
Tenth Circuit19,08698%361%32%6%
Eleventh Circuit7,32894%478%6%14%

§ 6Trend by fiscal year

24k
29k
27k
17k
18k
19k
18k
25k
’18’19’20’21’22’23’24’25
Cases sentenced per fiscal year (fiscal years 2018–2025)
6
6
5
9
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
FY201823,88395%665%23%10%2%
FY201929,35495%666%23%10%2%
FY202026,56195%564%24%11%1%
FY202116,93795%953%31%14%1%
FY202217,65296%953%32%13%2%
FY202319,22696%856%30%10%3%
FY202418,49294%863%23%10%5%
FY202525,11996%670%17%7%7%

§ 7Criminal history

Category I44% · 46%
Category II22% · 15%
Category III19% · 16%
Category IV8% · 9%
Category V4% · 6%
Category VI2% · 9%

Share of cases at each final criminal history category; grey figure: all federal cases.

§ 8Guideline sections involved

Primary guidelineSubjectCasesShare of this offence type
§2L1.2Unlawfully entering or remaining in the United States127,13871.7%
§2L1.1Smuggling, transporting or harboring an unlawful alien30,36217.1%
§2L2.2Fraudulently acquiring documents relating to naturalization or citizenship5,1422.9%
§2L2.1Trafficking in a document relating to naturalization or citizenship6020.3%
§2X1.1Attempt, solicitation or conspiracy (not covered by a specific guideline)<10—
§2X3.1Accessory after the fact<10—

§ 9Questions and answers

What is the average federal sentence for immigration offences?

The median prison term over FY2018–FY2025 was 6 months and the mean was 11 months (life sentences counted as 470 months, the Commission's convention). Medians are used on this site because a few very long terms pull the mean upward.

How much does the sentence for immigration offences vary by district?

Among districts with at least 10 cases, medians ranged from 0 months (M.D. Pa.) to 20 months (N.D. Tex.). The mix of guidelines, statutory minimums and criminal history within the offence type explains much of the spread.

How often are immigration offences sentenced outside the guideline range?

38% of sentences were outside the range: 25% below it on a government motion, 11% below it for other reasons and 3% above it.

Which guidelines apply to immigration offences?

The most common primary guidelines are §2L1.2, §2L1.1, §2L2.2 and §2L2.1. The Commission assigns the offence type mainly from the primary guideline the court applied.

Where do these figures come from?

The US Sentencing Commission's individual offender datafiles, FY2018–FY2025, using the Commission's OFFGUIDE offence type, SENTRNGE range status and SENTTCAP capped prison months. Counts under 10 are hidden.

§ 10Provenance

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. Offence type is the Commission's OFFGUIDE code 17. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.