Individual and Offense Characteristics

• Illegal reentry cases increased by 7.6% in fiscal year 2023.
   
• 97.5% of individuals sentenced for illegal reentry were men.
   
• 98.8% were Hispanic, 0.5% were White, 0.5% were Black, and 0.1% were Other races.
   
• Their average age was 39 years. 
   
• 78.6% were United States citizens.
   
• 28.8% had little or no prior criminal history (Criminal History Category I);
  • 28.4% were CHC II;
  • 25.2% were CHC III;
  • 10.7% were CHC IV;
  • 4.5% were CHC V;
  • 2.4% were CHC VI.
     
• For individuals sentenced under the 2016 Guidelines Manual or later:
  • 36.3% of individuals received sentencing enhancements for a previous illegal entry conviction:
    • 33.1% for a felony reentry offense;
    • 3.2% for two or more convictions for misdemeanor illegal entry.
  • 43.6% of individuals received sentencing enhancements for a previous felony conviction other than illegal reentry or three misdemeanor drug trafficking/crime of violence convictions;
    • 23.0% only received an enhancement for a conviction before the individual’s first deportation;
    • 18.2% only received an enhancement for a conviction after the individual’s first deportation;
    • 2.3% received enhancements for convictions before and after the individual’s first deportation.
  • 56.4% received no enhancement for a previous non-illegal reentry felony conviction or three misdemeanor drug trafficking/crime of violence convictions.
     
• The top five districts where illegal reentry offenses comprised the highest proportion of their overall caseload were: 
  • District of Arizona (56.0%);
  • Southern District of Texas (51.8%);
  • Western District of Texas (51.4%);
  • District of New Mexico (50.5%);
  • District of Delaware (27.7%).

Punishment

• The average sentence for all individuals sentenced for illegal reentry was 12 months.
   
• 98.5% were sentenced to prison.

Sentences Relative to the Guideline Range

• Of the 87.8% of individuals sentenced for illegal reentry under the Guidelines Manual:
  • 69.7% were sentenced within the guideline range.
     
  • 25.7% received an Early Disposition Program (EDP) departure.[4]
    • Their average sentence reduction was 42.4%.
       
  • 4.1% received some other downward departure.
    • Their average sentence reduction was 36.1%.
       
• 12.2% received a variance; of those individuals: 
  • 77.0% received a downward variance.
    • Their average sentence reduction was 40.6%.
       
  • 23.0% received an upward variance.
    • Their average sentence increase was 87.6%.

• The average guideline minimum and the average sentence imposed fluctuated over the past five years. 
  • The average guideline minimum increased and decreased throughout the fiscal years. The average guideline minimum was 10 months in fiscal year 2019 and 13 months in fiscal year 2023.
     
  • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 9 months in fiscal year 2019 and 12 months in fiscal year 2023.

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.