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Experts say the threat of jail time is a big deterrent to border jumpers
Illegal immigration to the U.S. has long been treated mostly as a civil affair rather than a criminal matter, with the consequence being deportation rather than conviction and jail time.
However, the law has long allowed for criminal prosecutions against those who jump the border, and President Trump is increasingly harnessing that power and delivering more severe consequences to those who would test the country’s borders.
The Justice Department set a record in June with more than 3,000 felony cases brought against migrants whom prosecutors charged with illegal reentry, meaning they were caught sneaking back into the country after having been deported.
Prosecutors brought another 3,200 cases for simple illegal entry in June, which isn’t a record. However, it is more than 50% of all Border Patrol arrests last month, which is a record rate of prosecutions. By contrast, in 2023, at the height of the Biden border surge, that rate never reached 1%.
Experts said criminal penalties are particularly effective as a deterrent because they can bring jail time, keeping migrants locked up when they want to be out working.
The move to criminalization is a major reversal for the government and a serious defeat for immigration advocates and Democrats, who have argued that illegal immigration should be decriminalized altogether.
During the 2020 presidential primary campaign, nearly every major Democratic candidate embraced decriminalization, including the eventual winner, President Biden. They argued that illegal immigrants needed to be met with compassion, not charges.
Mr. Trump has gone the other way. --->READ MORE HERE
President Donald Trump's Department of Justice filed more than 6,200 immigration prosecutions in June and oversaw over 65,000 deportations in 100 days, Blaze Media reported.
The Trump administration has shattered records in prosecuting illegal immigration offenses. According to The Washington Times, Justice filed 3,200 prosecutions for illegal entry and over 3,000 for illegal reentry — targeting individuals previously deported who tried to cross into the U.S. again.
The aggressive prosecution strategy is part of a broader crackdown by the Department of Justice and Immigration and Customs Enforcement, which removed 65,682 illegal immigrants in the first 100 days of Trump's second term. Nearly 75% of those arrested had criminal records, including assault, DUI, and weapons offenses.
"These cases have a very high rate of conviction," said Jonathan Fahey, former acting ICE director. "They're a great way to get a conviction, a great way to get a criminal off the street, and a great way to remove them from the country in an expeditious way."
The numbers represent a significant departure from the Biden administration, under which prosecution rates for illegal entry rarely exceeded 1%. In contrast, illegal entry cases under Trump in June alone made up more than half of Border Patrol arrests, setting a new benchmark for enforcement.
The Austin American-Statesman reported that 7,660 illegal reentry cases were filed in the first quarter of 2025, up from 4,312 in the same period in 2024 and 3,670 in 2023.
Andrew "Art" Arthur, a former immigration judge, said that criminal prosecution creates a strong deterrent. --->READ MORE HERE
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