At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 25, 2026, two federal prosecutors’ offices released their weekly totals: 379 people charged in Arizona and 227 new cases in the Western District of Texas.
Behind the numbers is a distinction many families do not know: facing a case in Immigration Court is not the same as facing a federal criminal charge. Here is what was reported and why that difference matters.
What did prosecutors report?
The U.S. Attorney’s Office for the District of Arizona said that from September 19 to 25 it charged 379 people:
- 191 people with illegal entry.
- 155 cases of reentry after removal.
- 28 cases against 32 people for alien smuggling.
- 1 case of assaulting a Border Patrol agent.
In Texas, the Western District reported 227 cases from September 18 to 24: 104 in the El Paso division, 100 in Del Rio, and 23 in other divisions. They include illegal reentry, smuggling, and other offenses. Both releases highlight defendants with serious prior convictions, and the Texas office frames its total as part of the federal “Operation Take Back America” initiative.
In every case, the charges are allegations. Each person is presumed innocent unless and until proven guilty.
How is an immigration crime different from an immigration case?
A proceeding in Immigration Court, which is part of the Executive Office for Immigration Review (EOIR), is civil: it decides whether someone may remain in the country. Prison is not a penalty, although immigration detention is possible.
A federal criminal case is different. It is heard by a federal judge, with a prosecutor and a defense attorney, and it can end in prison time and a criminal record. After serving a sentence, the person is usually turned over to Immigration and Customs Enforcement (ICE) for removal. The two processes run on separate tracks, but each affects the other.
What penalties does the law provide?
- Illegal entry: a first offense is a misdemeanor punishable by up to six months in prison; a repeat offense can bring up to two years.
- Reentry after removal: a felony punishable by up to two years, and up to 10 or 20 years if the person has certain prior convictions.
- Smuggling: transporting or harboring people without status can carry heavier penalties, even for U.S. citizens, as several of the Arizona cases show.
On the immigration side, someone who reenters after removal usually faces reinstatement of the prior order, which sharply limits available defenses. In those cases, relief is often narrowed to withholding of removal or protection under the Convention Against Torture (CAT), if the person fears for their life.
What can you do if you or a relative faces charges?
- Identify what kind of case it is: ask whether there is a criminal charge, an Immigration Court case, or both. The strategy changes completely.
- Coordinate the criminal and immigration defense: a plea deal that looks convenient can close immigration options. Criminal defense lawyers are required to advise on the immigration consequences of a guilty plea.
- Do not make statements without a lawyer: you have the right to remain silent and to ask for representation before answering questions.
- Gather your history: prior removal orders, dates of departure and entry, and any past criminal cases. Those details define the real risk.
- If you fear returning to your country, say so: expressing a fear of persecution or torture can lead to a reasonable fear interview.
Protect Your Immigration Status with Campos Law Firm
When an immigration case crosses paths with a criminal one, every decision counts twice. Our team reviews your history, identifies whether you face a criminal case, an immigration case, or both, and guides you so that no decision in one harms the other. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
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.
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