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Immigration-Related Crimes



May 29, 2026

Through the Immigration and Nationality Act (INA) and other laws, Congress has established a
comprehensive framework governing the admission, removal, and presence of people who are not citizens
or nationals of the United States (aliens). These rules are buttressed by an enforcement scheme that
includes civil and criminal components. Aliens who have engaged in certain kinds of proscribed conduct
may be denied admission into the United States or, if present, face removal through civil proceedings.
Congress has also established criminal penalties for some activities that undermine immigration rules and
requirements, such as smuggling aliens into the country. Some of these offenses carry severe penalties.
Immigration-related crimes make up a significant portion ofthe federal criminal docket. The U.S.
Sentencing Commission reported that in 66,662 cases involving individuals sentenced for a federal
offense in FY2025, a 37.7% plurality (22,743) involved immigration-related offenses. This Legal Sidebar
begins by discussing how the criminal enforcement components of federal immigration law contrast with
the civil enforcement components, and then briefly describes the range of immigration-related criminal
offenses in federal statute.

Differences Between Criminal and Civil Components of Immigration
Enforcement

Federal immigration law includes both civil and criminal components. Civil enforcement mechanisms are
intended to correct or remedy a statutory violation, whereas criminal enforcement mechanisms are
primarily aimed at punishing an offense and deterring future wrongdoing. The Supreme Court has long
characterized immigration removal proceedings as civil in nature, despite the potentially severe
consequences for the removed individual. Other immigration violations-such as knowingly hiring or
recruiting aliens for work who lack authorization for employment-may be subject to civil fines and,
unlike immigration removal proceedings, apply to offenders (e.g., employers) regardless of citizenship or
alienage.
Congress has enacted numerous criminal statutes that address immigration-related conduct. Some
criminal offenses carry relatively minor misdemeanor penalties, while others constitute felonies
potentially punishable by lengthy prison terms and, for a few offenses involving aggravating
circumstances, life imprisonment or death.


                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                       LSB11436

CRS Legal Sidebar
Prepared for Members and


Committees of Congress