Criminal prosecutions for illegal reentry into the United States hit a new record in June, according to according to the U.S. Department of Justice.
The jump in prosecutions is a clear signal to repeat illegal border crossers that the jig is up — they will face harsher penalties if they return to the U.S. after being deported.
In the past, these migrants would receive a slap on the wrist and simply be cited for illegal entry and deported. Now, the Justice Department is charging these repeated violators with a felony, which, if convicted, holds the possibility of jail time.
The Trump administration’s no holds barred approach to immigration enforcement has moved into the interior, which is where many of the illegal reentry cases are made.
For decades, illegally reentering the U.S. has been treated mostly as a civil matter. Undocumented immigrants faced few consequences, and rarely jail time, which has prompted deported illegals to return multiple times.
In June, the U.S. Department of Justice filed more than 3,000 felony cases against migrants for illegal reentry, meaning they were caught sneaking back into the country after having been deported, The Washington Times reported.
Prosecutors brought another 3,200 cases for simple illegal entry in June. Although it’s not a record, it is more than 50% of all U.S. Customs and Border Protection 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%.
“While Democrats are campaigning to protect illegals, President Trump sets new record of criminal prosecutions. POTUS is fighting and WINNING for the American people,” RNC Research posted on X.
While Democrats are campaigning to protect illegals, President Trump sets new record of criminal prosecutions.
POTUS is fighting and WINNING for the American people.https://t.co/S153NI7LkS
— RNC Research (@RNCResearch) July 29, 2025
Republican leaders support the move and had planned a vote in the House earlier this month on legislation to stiffen penalties on illegal immigration. On July 21, Congressman Brad Knott, R-North Carolina, delivered remarks in support of his and Representative Stephanie Bice’s bill, the Stop Illegal Entry Act.
“With this law, we change the cost/benefit analysis for criminals, who will then conclude that it is not worth it to come here—or to return here—to pursue criminal activity,” Knott said, per a press release from his office. “It’s time for illegal immigrant criminals to know that our tolerance for their presence and illegal activity here is over.”
The bill strengthens penalties against criminal illegal aliens and deters illegal re-entry after deportation, imposing a mandatory 10-year minimum sentence on someone who has garnered two previous criminal convictions for illegal reentry, according to The Washington Times.
As it stands, an individual convicted of illegal reentry faces a maximum two-year prison sentence.
The prosecutions are proof that the administration is going beyond simply closing the border and using the threat of jail time as a way to deter repeated border jumpers.
The Justice Department, in a statement to The Washington Times, celebrated the increases, saying it is “using all available investigative and prosecutorial tools” to combat the “invasion of illegal immigration.”
Experts said stiffer penalties are an effective deterrent because illegal immigrants face possible jail time and other issues that come with a felony criminal conviction.
“If you’re coming here illegally to live and work, being in a federal penitentiary for two years isn’t going to allow you to do that,” said Andrew “Art” Arthur, a former immigration judge who now works at the Center for Immigration Studies.
Raising reentry to a criminal charge is another tool to help U.S. Immigration and Customs Enforcement, especially in sanctuary cities. That’s because those cities are more likely to cooperate on criminal cases versus civil deportation matters.
So, bringing a criminal charge is a way to get sanctuary jurisdictions to help with specific cases, said Jonathan Fahey, a former assistant U.S. attorney in Virginia who served as acting director at ICE at the end of Trump’s first term.
Fahey said 99% of the cases end in convictions, usually involving a plea deal where migrants agree they won’t challenge their deportations once their time is served.
“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,” Fahey told The Washington Times.
According to The Washington Times:
- The Northern District of Georgia brought only a few cases per month under Biden. In May, prosecutors brought 45, and in June, another 38.
- Massachusetts went from one a month in late 2024 to 43 in June.
- New Mexico’s illegal reentry cases increased from fewer than 100 a month in late 2024 to 245 in May and 277 in June.
- Southern California’s rose from about 100 cases a month to 365 in June.
- Arizona’s, though, has dropped from nearly 1,000 cases in October to about 500 cases in June.
In a July 25 news release, the U.S. Attorney’s Office for the Northern District of California announced it has “significantly increased the number of such prosecutions and has publicly filed criminal charges against over a dozen defendants alleged to have been found in the United States following removal.”
The release highlighted several criminal illegals, including Jesus Alexis Cervantes-Luna, 29, aka “Sinaloa,” who was indicted on one count of illegal reentry following removal from the United States and multiple counts of drug and firearms offenses. The Mexican national faces charges for possession with intent to distribute fentanyl and methamphetamine.
The Trump administration’s crack down on illegal reentry is a 180-degree reversal from Biden era catch-and-release policies.
It’s also sure to stir more backlash from immigration advocates and Democrats, who support open borders, ignore national security and advocate for compassion, not criminal convictions.
