Immigration crimes are being prosecuted in large numbers in Arizona. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On October 23, 2026, the U.S. Attorney’s Office for the District of Arizona announced that, between October 17 and October 23, it brought immigration-related criminal charges against 318 people: 150 for illegal reentry, 147 for illegal entry, and 17 smuggling cases against 21 individuals.
These are accusations, not convictions, and every defendant is presumed innocent. But the number confirms a trend: crossing the border without authorization, or coming back after a deportation, is increasingly treated as a federal crime rather than just an immigration matter. Below, we explain what is known, what is not, and what you can do.
What did the U.S. Attorney’s Office in Arizona announce?
The Justice Department release says the operations were carried out alongside Immigration and Customs Enforcement (ICE), the Border Patrol, and other federal agencies.
This is not an isolated event. The same office publishes similar weekly bulletins: 345 people charged the week of October 9 and 279 the week of October 16. According to the office’s figures reported by KVOA, between January 20 and December 26, 2025, more than 10,140 people faced immigration-related criminal charges in Arizona alone.
Is being undocumented a crime? Civil violation vs. immigration crimes
This is the most common confusion, and the most costly one. Being in the United States without status (for example, staying after your visa expired) is not a crime. It is a civil violation that can lead to removal proceedings before the Immigration Court, but not to federal prison. The Supreme Court said so in Arizona v. United States (2012).
What is a crime is how you enter or come back:
- Illegal entry (8 U.S.C. 1325): crossing at an unauthorized location or evading inspection. A first offense is a misdemeanor punishable by up to 6 months in prison; a second conviction is a felony with up to 2 years.
- Illegal reentry (8 U.S.C. 1326): returning to, or being “found in,” the U.S. after a deportation, removal, or departure under a pending order, without permission. It is a felony punishable by up to 2 years, rising to 10 years with certain prior criminal convictions and to 20 years if there was a prior aggravated felony.
- Smuggling or transporting migrants (8 U.S.C. 1324): transporting, harboring, or helping people without status enter the country. Penalties are far higher, especially when done for profit, and can reach life in prison if someone dies.
In other words, someone who has lived here for years without papers and was never deported is not in the same position as someone who came back after a removal order. That second person is fighting on two fronts at once: a criminal trial in federal court and an immigration case.
What are the consequences of an entry or reentry conviction?
The criminal conviction is only the beginning. After serving the sentence, the person is transferred to ICE custody and, in reentry cases, the government usually reinstates the prior removal order without a new full hearing before an immigration judge. Coming back without permission after a deportation also triggers a permanent bar to admission that generally requires waiting 10 years outside the country before even requesting a waiver.
A federal criminal record also weighs on every future application: green cards, asylum, cancellation of removal, and waivers are all reviewed with that history on the table. A guilty plea signed without immigration advice can close doors that were open. Since Padilla v. Kentucky (2010), defense attorneys must advise clients about the immigration consequences of a plea; when that does not happen, the conviction may be challenged.
What can you do if you or a family member is charged?
- Do not sign anything you do not understand: in a federal criminal case you have the right to an attorney, including a court-appointed one if you cannot afford it. No plea agreement should be accepted without knowing what it means for the immigration case.
- Gather the full history: entry and exit dates, any prior removal order, A-number, past convictions, and family ties in the U.S. Those facts determine whether the charge is under 1325 or 1326 and which defenses exist.
- Insist on a coordinated defense: prison time, reinstatement of the order, and immigration relief are decided in parallel. Our criminal defense attorneys work side by side with our immigration team so that no decision on one front harms the other.
Protect Your Immigration Status with Campos Law Firm
The Arizona numbers show that the government is using criminal law as an immigration tool, and that combination demands a defense that understands both areas.
If you or someone in your family is facing charges for illegal entry, reentry, or transporting people, Campos Law Firm is here to help you. Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
With information from the U.S. Department of Justice, KVOA and the Congressional Research Service.
