Federally Sentenced Non-U.S. Citizens

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Of the 66,662 cases reported to the Commission in fiscal year 2025, 28,886 involved non-U.S. citizens.1 Non-U.S. citizens accounted for 44% of all individuals sentenced in fiscal year 2025.

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Individual and Offense Characteristics

 

 

  • 94% of non-U.S. citizens sentenced in the federal system were men.
     
  • 95% were Hispanic, 2% were Black, 2% were White, and 2% were Other races.
     
  • Their average age was 37 years. 
     
  • 92% were illegal aliens, 6% were legal aliens, 1% were extradited aliens, and 1% were unknown status.
     
  • 66% were from Mexico, 10% from Honduras, 8% from Guatemala, 3% from El Salvador, 3% from the Dominican Republic, and 11% originated from other countries.
     
  • The most common guidelines under which non-U.S. citizens were sentenced include: Immigration (79%); Drug Trafficking (12%); Fraud (3%);  Firearms (2%); Money Laundering (1%); and Administration of Justice (1%).2
     
  • 59% had little or no prior criminal history (Criminal History Category I);
    • 21% were CHC II;
    • 13% were CHC III;
    • 4% were CHC IV;
    • 2% were CHC V;
    • 1% were CHC VI.
       
  • The top five districts for sentenced non-U.S. citizens were:
    • Western District of Texas (7,346);
    • Southern District of Texas (4,814);
    • District of Arizona (2,576);
    • District of New Mexico (2,150);
    • Southern District of California (747).
       
  • The top five districts where sentenced non-U.S. citizens comprised the highest proportion of the overall caseloads were:
    • District of Northern Mariana Islands (82%);
    • Western District of Texas (80%);
    • District of New Mexico (80%);
    • Southern District of Texas (72%);
    • District of Arizona (66%).

 

 

 

Punishment

  • The average sentence for non-U.S. citizens was 21 months.3
     
  • 97% were sentenced to prison.
     
  • 9% were convicted of an offense carrying a mandatory minimum penalty.

 

Sentences Relative to the Guideline Range

  • 79% of sentences for non-U.S. citizens were under the Guidelines Manual.
    • 63% were within the guideline range.
       
    • 10% were Early Disposition Program (EDP) departures.4
      • The average sentence reduction was 44%.
         
    • 3% were substantial assistance departures.
      • The average sentence reduction was 44%.
         
    • 2% were some other downward departure.
      • The average sentence reduction was 42%.
         
    • Less than 1% were upward departures.
      • The average sentence increase was 106%.
         
  • 21% of sentences for non-U.S. citizens were variances.
    • 15% were downward variances.
      • The average sentence reduction was 39%.
         
    • 6% were upward variances.
      • The average sentence increase was 65%.

 

 

 

 

 

 

  • The average guideline minimum and the average sentence imposed have fluctuated over the past five years.
    • The average guideline minimum was 33 months in fiscal year 2021 and 25 months in fiscal year 2025.
       
    • The average sentence imposed was 25 months in fiscal year 2021 and 21 months in fiscal year 2025.

 

 

 

1 Cases with incomplete sentencing information were excluded from the analysis.

2 The most common guidelines under which U.S. citizens were sentenced include: Drug Trafficking (36%); Firearms (21%); Fraud (12%); Immigration (7%); Child Pornography (4%); Sexual Abuse (4%);  and Robbery (3%).

3 The average sentence for U.S. citizens was 71 months.

4 “Early Disposition Program" (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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