Prosecutions for 2025

Number Year-to-date 85,645
Percent Change from previous year 5.5
Percent Change from 5 years ago -24.8
Percent Change from 10 years ago -39.4
Percent Change from 20 years ago -27.6

Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during FY 2025 the government reported 85,645 new prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 5.5% over the past fiscal year when the number of prosecutions totaled 81,165.

The comparisons of the number of defendants charged with offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).

Compared to five years ago when there were 113,945, the number of FY 2025 prosecutions of this type is down 24.8 percent. Prosecutions over the past year are lower than they were ten years ago. Overall, the data show that prosecutions of this type are down 39.4 percent from the level of 141,220 reported in 2015 and down 27.6 percent from the level of 118,342 reported in 2005.

The long term trend in prosecutions for these matters going back to FY 2005 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of prosecutions of this type recorded each fiscal year. Each presidential administration is distinguished by the color of the bars. To view trends month-by-month rather than year-by-year, see TRAC's monthly report series for the latest data.


Figure 1: Criminal Prosecutions over the last 20 years

Leading Program Areas

Cases were classified by prosecutors into more specific types. The single largest number of prosecutions of these matters through September 2025 was for "Immigration", accounting for 53.1 percent of prosecutions.

The second largest number of matters were Prosecutions filed under the program area of "Narcotics/Drugs " (13.4%) . The "Other" category in Figure 2 is comprised of a diverse group of programs. The largest specific programs within the "Other" category were: Weapons" (7.8%), "White Collar Crime" (4%).

[The Department of Justice is withholding the program area for 8% of the cases. These matters are also included in the "Other" category. TRAC, in ongoing litigation, has challenged the government's withholding of program category information, winning a substantial victory in September 2006 decision. The government, however, has filed a notice of appeal which has stayed the order requiring it to release program information.]

Leading Investigative Agencies

The lead investigative agency for prosecutions through September 2025 was "Homeland Security - Customs and Border Protection" accounting for 44.2 percent of prosecutions referred.

As shown in Figure 3, additional agencies with substantial numbers of referrals were: Justice - Federal Bureau of Investigation (12%), "Homeland Security - Immigration and Customs Enforcement" (11.8%), "Justice - Alcohol, Tobacco, Firearms, and Explosives (formerly Treasury)" (7.6%), "Justice - Drug Enforcement Administration" (7.5%). The "Other" category in Figure 3 is comprised of a diverse group of agencies. The agencies with substantial numbers of within the "Other" category were: Homeland Security - Other" (3.8%), "Defense" (2%).


Figure 2: Specific types of prosecutions

Figure 3: Prosecutions by Investigative Agency

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during FY 2025.

Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago  
08 USC 1326 - Reentry of deported alien 25,506 1 1 1 2 3 More
08 USC 1325 - Entry of alien at improper time or place; etc. 13,720 2 6 2 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 6,694 3 2 3 3 2 More
18 USC 922 - Firearms; Unlawful acts 6,001 4 3 4 5 5 More
08 USC 1324 - Bringing in and harboring certain aliens 4,032 5 4 6 6 6 More
21 USC 846 - Attempt and conspiracy 2,828 6 5 5 4 4 More
Other US Code Section 2,119 7 7 8 8 42 More
50 USC 797 - Control of Subversive Activities 1,137 8 77 100 153 275 More
18 USC 1343 - Fraud by wire, radio, or television 1,134 9 8 11 14 23 More
18 USC 2252 - Material involving sexual exploitation of minors 958 10 11 10 13 20 More

Table 2: Top charges filed

  • "Reentry of deported alien" (Title 8 U.S.C Section 1326) was the most frequent recorded lead charge. Title 8 U.S.C Section 1326 was ranked 1st a year ago, while it was the 1st most frequently invoked five years ago. It was ranked 2nd ten years ago and 3rd twenty years ago.

  • Ranked 2nd in frequency was the lead charge "Entry of alien at improper time or place; etc." under Title 8 U.S.C Section 1325. Title 8 U.S.C Section 1325 was ranked 6th a year ago, while it was the 2nd most frequently invoked five years ago. It was ranked 1st ten years ago and 1st twenty years ago.

  • Ranked 3rd was "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841. Title 21 U.S.C Section 841 was ranked 2nd a year ago, while it was the 3rd most frequently invoked five years ago. It was ranked 3rd ten years ago and 2nd twenty years ago.

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down -30  percent—was "Attempt and conspiracy " (Title 21 U.S.C Section 846 ). This was the same statute that had the largest decrease—-51%—when compared with five years ago.

Top Ranked Judicial Districts

During FY 2024 the Justice Department said the government obtained 238.6 prosecutions for every one million people in the United States. prosecutions for one million people in the United States during FY 2025 were 251.8 . Understandably, there is great variation in the per capita number of prosecutions in each of the nation's ninety-four federal judicial districts

Judicial District Percapita Count Rank 1yr ago 5yrs ago 10yrs ago 20yrs ago  
N Mexico 2,422 5,122 1 3 1 5 2 More
Arizona 1,732 12,873 2 1 2 1 5 More
Texas, W 1,487 11,789 3 2 5 4 4 More
Cal, S 1,408 4,857 4 5 3 6 7 More
Texas, S 1,057 10,954 5 6 4 2 1 More
D. C. 611 415 6 4 6 18 6 More
S Dakota 580 525 7 7 7 9 9 More
N Dakota 448 351 8 8 9 8 14 More
Okla, N 443 491 9 10 16 39 48 More
Montana 371 420 10 11 15 15 10 More

Table 3: Top 10 districts (per one million people)

  • The District of New Mexico—with 2,422.47 prosecutions as compared with 251.8 prosecutions per one million people in the United States—was the most active through September 2025. The District of New Mexico was ranked 3rd a year ago, while it was ranked 1st five years ago. The district's position ten years ago was 5th and 2nd twenty years ago.

  • The District of Arizona ranked 2nd. The District of Arizona was ranked 1st a year ago, while it was ranked 2nd five years ago. The district's position ten years ago was 1st and 5th twenty years ago.

  • The Western District of Texas (San Antonio) now ranks 3rd. The Western District of Texas (San Antonio) was ranked 2nd a year ago, while it was ranked 5th five years ago. The district's position ten years ago was 4th as well as twenty years ago.

A recent entry to the top 10 list was Montana, now ranked 10th. This district ranked 11th one year ago and 15th five years ago.

Compared to 10 years ago, Montana, Washington, D.C. (Washington) and Northern District of Oklahoma (Tulsa) now ranked in the top 10 did not appear in the top ten.

And compared to 20 years ago, North Dakota and Northern District of Oklahoma (Tulsa) were not sufficiently active to then make the top 10.

The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago—91.7 percent—was New Mexico. Compared to five years ago, the district with the largest growth—30.3 percent—was Northern District of Oklahoma (Tulsa) .

In the last year, the judicial District Court recording the largest drop in the rate of prosecutions—47.5 percent—was Washington, D.C. (Washington). 

Report Generated: May 17, 2026
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