Federal Immigration Offense Sentences in the District of Rhode Island, FY2016–2025
In the District of Rhode Island, 72 of the 73 people sentenced for immigration offenses in fiscal years 2016 to 2025 received a prison term, and the median was 3.3 months. Across all 94 federal districts, the median for this offense type was 7 months. A quarter of the people sent to prison received
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Rhode Island, FY2016–20 › Immigration Offense: District of Rhode Island
In brief: In the District of Rhode Island, 72 of the 73 people sentenced for immigration offenses in fiscal years 2016 to 2025 received a prison term, and the median was 3.3 months. Across all 94 federal districts, the median for this offense type was 7 months. A quarter of the people sent to prison received 0 months or less.
This post uses the U.S. Sentencing Commission's records of 73 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Median Prison Terms of Just Over 3 Months
In the U.S. Sentencing Commission's data, some immigration prison terms are 0 months. The median prison term in this district was 3.3 months. A quarter received 12 months or more, and a quarter received 0 months or less.
In this district, 72 of the 73 people (99%) were sent to prison, and none got probation only. Across all districts, 95% of 217,838 people in this offense type were sent to prison, with a median of 7 months. For all offenses in the District of Rhode Island, the median was 33 months.
Sentences Split Between Within and Below the Range
The sentence was within the guideline range for 34 of the 73 people (47%). It was below the range without a government request for another 34 (47%), and at the government's request for 5 (7%). No sentence was above the range.
The within-range share for immigration across all districts was 62%, and for all offenses in this district it was 22%. A mandatory minimum applied to 1 of the 73 people (1%).
Pleas and Written Agreements
71 of the 73 people (97%) pleaded guilty, and 2 were convicted after a trial. The median prison term was 3.3 months after a guilty plea and 6 months after a trial, which rests on 2 people.
Among guilty pleas, 83% were straight pleas with no agreement, and 17% had a written plea agreement. Only people who were convicted and sentenced are in this data.
Supervised Release and Other Orders
Supervised release after prison was ordered for 30 people (41%), with a median term of 24 months. A fine was ordered for 1 person (1%), and restitution for 2 (3%).
In criminal history, 40% were in the lowest category I and 3% were in the highest category, VI. Court-martial records have no criminal history field.
The Guidelines Used
Immigration cases were 7% of the 1,015 people sentenced in the district. The primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States) for 62 people.
§2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use) applied to 8 people. §2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport) applied to 3.
Fewer People in Recent Years
The district sentenced 45 people in this offense type in fiscal years 2016 to 2019 and 28 in fiscal years 2020 to 2025. The yearly count was 16 in fiscal year 2017 and 1 in fiscal year 2022.
Yearly medians ranged from 1.4 months in fiscal year 2018 to 14 months in fiscal year 2022. The 2022 median rests on 1 person. The records do not show what changed between years. A fiscal year runs from October 1 to the end of September.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 8 | 1.9 months | 8 of 8 |
| 2017 | 16 | 2.7 months | 94% |
| 2018 | 8 | 1.4 months | 8 of 8 |
| 2019 | 13 | 4.2 months | 100% |
| 2020 | 12 | 3.1 months | 92% |
| 2021 | 3 | 12.4 months | 3 of 3 |
| 2022 | 1 | 14 months | 1 of 1 |
| 2023 | 3 | 4.3 months | 3 of 3 |
| 2024 | 3 | 12 months | 3 of 3 |
| 2025 | 6 | 2.9 months | 6 of 6 |
What the Records Cannot Show
Nothing in the data explains why a term was set at 0 months or what facts underlay any case. The terms are those imposed, not time served.
How We Counted
Everyone sentenced in federal court in the District of Rhode Island (U.S. Sentencing Commission district label "Rhode Island") in fiscal years 2016 to 2025 whose offense type was "Immigration" (73). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the District of Rhode Island, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of Rhode Island, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of Rhode Island, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of Rhode Island, FY2016–2025 (same district, other offense type)
- Federal Child Pornography Sentences in the District of Rhode Island, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.