Immigration · National · FY2015–FY2024

Immigration

How U.S. federal courts sentence immigration cases, typical sentence length, guideline range and compliance, and the districts that depart most, from USSC case-level data.

12.5
Avg months FY2024
well below the national average
18,487
Federal cases
57%
Within guidelines
high guideline adherence
47%
Guilty plea

According to the U.S. Sentencing Commission (USSC), 18,487 federal defendants were sentenced for immigration in FY2024, at an average of 12.5 months. Every figure on this page is computed from the USSC's case-level Individual Offender Datafiles; see our methodology for how each is derived.

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The verdict

Nationwide, Immigration drew an average federal sentence of 12.5 months across 18,487 cases in FY2024, with 57% sentenced inside the guideline range.

13 mo
Average sentence, FY2024
18–19 mo
Typical guideline range
57%
Within guideline range
47%
Resolved by guilty plea
For educational and research purposes only. This page summarizes historical USSC sentencing statistics, not a prediction for any individual case, sentencing depends on many case-specific factors. Consult a licensed criminal defense attorney for guidance on a specific matter.

National Trends (FY2015–FY2024)

5 mo10 mo15 mo20 mo25 mo FY18FY19FY20FY21FY22FY23FY24 12.5 mo18.3 mo Guideline midpointAvg sentence
Average imposed sentence for Immigration versus the average guideline midpoint, FY2015–FY2024 (USSC). Where the sentence line sits below the guideline line, judges are sentencing under the recommended range.
YearCasesAvg (mo)GL MinGL MaxWithin GLAbove GLBelow GL
FY2024 18,487 12.5 17.7 18.8 57% 8% 35%
FY2023 19,226 12.5 18.2 19.9 53% 6% 42%
FY2022 17,644 12.7 18.2 21.1 50% 4% 46%
FY2021 16,933 13.3 18.8 21.9 50% 3% 47%
FY2020 26,548 8.2 14.4 15.3 60% 2% 38%
FY2019 29,340 9.6 15.4 16.3 62% 3% 35%
FY2018 23,866 10.6 16.1 17.3 63% 3% 34%

Guidelines Compliance (FY2024)

Within Guidelines 57%
9,805 cases
Above Guidelines 8%
1,325 cases
Below Guidelines 35%
6,083 cases

About This Offense

Immigration is categorized under Immigration in the USSC guidelines. Sentencing ranges depend on the specific offense level, criminal history category, and applicable adjustments.

Where immigration sentences sit among all federal sentences (FY2024)

Each bar counts imposed federal prison terms in that length band; the marker is this offense's average.

13 32nd percentile longer than 32% of 56,311 federal sentences

0–24: 23,918 federal sentences (42%). This entry sits in this band. 24–48: 10,716 federal sentences (19%). Above this entry. 48–72: 6,727 federal sentences (12%). Above this entry. 72–96: 3,723 federal sentences (7%). Above this entry. 96–120: 2,061 federal sentences (4%). Above this entry. 120–144: 3,392 federal sentences (6%). Above this entry. 144–168: 1,193 federal sentences (2%). Above this entry. 168–192: 1,570 federal sentences (3%). Above this entry. 192–216: 595 federal sentences (1%). Above this entry. 216–240: 355 federal sentences (1%). Above this entry. 240–264: 655 federal sentences (1%). Above this entry. 264–288: 139 federal sentences (0%). Above this entry. 288–312: 335 federal sentences (1%). Above this entry. 312–336: 128 federal sentences (0%). Above this entry. 336–360: 40 federal sentences (0%). Above this entry. 360–384: 764 federal sentences (1%). Above this entry. This offense 0 384 every imposed federal sentence, bucketed by value

Each bar is a band; taller bars hold more federal sentences. The dashed line + filled bar mark this entry. Hover or tap any bar for its full count, share, and where it sits relative to this entry.

Source U.S. Sentencing Commission, Individual Offender Datafiles · FY2024

Immigration - Top District Disparities (FY2024)

Arizona172Southern Texas160.9Northern West Virginia138.2Northern Texas112.2Western Virginia101.1Western Wisconsin94.1South Carolina92Southern Illinois88.5
Immigration - Top District Disparities (FY2024) - Deviation from national average sentence for this offense

District Comparison (FY2024)

Average sentences for Immigration by district. These averages still reflect case-specific factors within the offense category - criminal history, quantity or aggravating circumstances, and cooperation with prosecutors - not judicial character. Districts with fewer than 5 cases excluded.

DistrictCasesAvg (mo)vs. National
Arizona 2
34.0
+172.0%
Southern Texas 82
32.6
+160.9%
Northern West Virginia 10
29.8
+138.2%
Northern Texas 123
26.5
+112.2%
Western Virginia 30
25.1
+101.1%
Western Wisconsin 6
24.3
+94.1%
South Carolina 1
24.0
+92.0%
Southern Illinois 4
23.6
+88.5%
Utah 24
22.1
+76.4%
Western Kentucky 3
21.7
+73.5%
Middle Pennsylvania 31
21.0
+67.6%
Eastern Washington 33
20.9
+67.1%
Central Illinois 23
20.7
+66.0%
Wyoming 12
20.1
+60.9%
Northern Ohio 11
18.8
+50.0%
Middle Tennessee 8
18.5
+47.8%
Northern Mississippi 16
18.1
+44.7%
Maine 32
17.6
+40.7%
Kansas 9
17.3
+38.6%
Western Pennsylvania 31
16.3
+30.3%

What the Immigration Sentencing Data Shows

Across all federal district courts in FY2024, Immigration offenses produced 18,487 sentenced cases with a national average imposed sentence of 12.5 months. The applicable guideline range for these cases averaged 17.7 months at the low end and 18.8 months at the high end, placing the actual mean sentence below the average guideline window. This offense category is classified by the USSC under Immigration.

Guideline compliance for Immigration broke down as follows in FY2024: 57% of sentences landed within the prescribed range, 8% were above-guideline (upward departures or variances), and 35% were below-guideline. Guilty pleas resolved 47% of cases, a metric that reflects how few federal defendants in this offense category proceed to trial. Below-guideline sentences are typically the result of either government-sponsored departures (such as substantial assistance under USSG §5K1.1) or judge-initiated variances under 18 U.S.C. § 3553(a), a framework formalized after United States v. Booker (2005).

District-level variation is the key signal beneath these national numbers: across the 20 districts with at least 5 cases in FY2024, the district comparison table above shows how average sentences for Immigration diverge from the national benchmark. Because individual sentencing outcomes depend on the defendant's criminal history category, offense-level adjustments, the specific statutes of conviction, and any cooperation, these aggregate figures describe patterns, not predictions for any single case. This data is presented for research and educational purposes only and is not legal advice.

Source: United States Sentencing Commission (USSC), Individual Offender Datafiles, FY2015–FY2024.

Source: USSC Commission Datafiles · How we compute these metrics

Frequently Asked Questions

What is the average federal sentence for Immigration?
In FY2024, the national average federal sentence for Immigration was 12.5 months, based on 18,487 cases. Actual sentences vary by district, criminal history, and specific offense characteristics.
How often do Immigration sentences follow the guidelines?
In FY2024, 57% of Immigration sentences fell within the federal guidelines range. 8% received above-guideline sentences (upward departures) and 35% received below-guideline sentences (downward departures).
Which districts have the highest average sentences for Immigration?
Average sentences for Immigration vary by federal district. The district comparison table on this page shows the top 20 districts with the highest average sentences, along with each district's deviation from the national average. These averages still reflect case-specific factors within the offense category - criminal history, quantity or aggravating circumstances, and cooperation with prosecutors - not judicial character. Districts with fewer than 5 cases are excluded for statistical reliability.
What are the federal sentencing guidelines for Immigration?
The U.S. Sentencing Commission sets guideline ranges based on offense level and criminal history category. For Immigration, the guidelines provide a recommended sentencing range, but after United States v. Booker (2005), judges may depart from these ranges citing 18 U.S.C. § 3553(a) factors.
Where does the Immigration sentencing data come from?
All sentencing data comes from the United States Sentencing Commission (USSC) Individual Offender Datafiles, covering fiscal years 2015 through 2024. The USSC collects case-level data from all federal courts nationwide, providing the most comprehensive view of federal sentencing outcomes.
What is the difference between a departure and a variance?
A departure is a sentence outside the guideline range based on factors the guidelines themselves authorize (e.g., substantial assistance). A variance is imposed under 18 U.S.C. § 3553(a), where the judge finds the guidelines range itself is inappropriate. Both result in above- or below-guideline sentences.

What the Immigration data shows

In FY2024, 18,487 federal defendants were sentenced for immigration, with an average sentence of 12.5 months -- 45.2 months below the national average across all offenses.

  • 57% of immigration sentences in FY2024 fell within the guideline range, with 35% below (downward departures or variances, often for cooperation). The below-range rate reflects how frequently prosecutors offer departure motions for substantial assistance. How the guidelines work
  • The highest-average district for immigration in FY2024 was Arizona, averaging 34.0 months -- 21.5 months above the national average. Case-specific factors within this offense (criminal history, quantity or aggravating circumstances, cooperation) drive that gap as much as any district-level pattern; the comparison below shows the full spread. Arizona data
  • The average sentence for immigration has risen 1.9 months since FY2018 (FY2018: 10.6 mo; FY2024: 12.5 mo). The trend chart above compares actual sentences against the guideline midpoint each year. Post-Booker sentencing trends

Descriptive USSC aggregates, not legal advice; individual sentences depend on case-specific facts.

Cite this page

Free to cite and reference with attribution. Figures update automatically as new data is published, compiled from the public-domain USSC datafiles.

PlainSentencing. (FY2024). Immigration - Federal Sentencing Data. PlainSentencing. Retrieved from https://plainsentencing.com/offense/immigration/. Data from the U.S. Sentencing Commission (USSC) Individual Offender Datafiles; public domain (CC0).