Federal Immigration Offense Sentences in the Western District of New York, FY2016–2025
Of the 429 people sentenced for immigration offenses in the Western District of New York in fiscal years 2016 to 2025, 415 (97%) received a prison term, and the median prison term was 1.9 months. The median was 7 months across all 94 federal districts. All 429 people (100%) pleaded guilty, and 84% w
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Trends › Federal Prosecution Analysis › Federal Sentences in the Western District of New York, FY201 › Immigration Offense: Western District of New York
In brief: Of the 429 people sentenced for immigration offenses in the Western District of New York in fiscal years 2016 to 2025, 415 (97%) received a prison term, and the median prison term was 1.9 months. The median was 7 months across all 94 federal districts. All 429 people (100%) pleaded guilty, and 84% were sentenced within the guideline range.
This post uses the U.S. Sentencing Commission's records of 429 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.
Very Short Median Prison Terms
The U.S. Sentencing Commission recorded 429 people in its "Immigration" offense type in the Western District of New York. A prison term went to 415 (97%), and 12 (3%) received probation only, with no prison or other confinement.
Among those sent to prison, the median prison term was 1.9 months. A quarter received 3.8 months or more, and a quarter received 1.2 months or less.
For all districts together, 217,838 people were sentenced in this offense type, 95% were sent to prison, and the median was 7 months. The district's median for all offenses was 41 months.
Most Sentences Were Within the Guideline Range
Of the 428 people with this information, 360 (84%) were sentenced within the guideline range. Below the range without a government request: 42 (10%). Below the range at the government's request: 25 (6%). Above the range: 1 (less than 1%).
Nationally, 62% of sentences in this offense type were within the range. For all offenses in the district, the figure was 42%. Within-range sentences were therefore more common here than in either comparison.
Guidelines Behind the Offense Type
The offense type is the Commission's category, assigned from the primary guideline. The most common in this district was §2L1.2 (Unlawfully Entering or Remaining in the United States), with 294 cases.
Guidelines about immigration documents accounted for 67 and 8 cases. §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) accounted for 26.
These cases were 10% of the 4,205 people sentenced in the district in fiscal years 2016 to 2025.
Pleas and Mandatory Minimums
All 429 people (100%) pleaded guilty, and 0 were convicted after a trial. Among the guilty pleas, 99% had a written plea agreement and 1% were straight pleas.
Nationally, guilty pleas in this offense type were more than 99%, and the district's rate for all offenses was 97%. A mandatory minimum prison term applied to 6 of the 428 people with that information recorded (1%).
Supervised Release, Fines, and Criminal History
Supervised release after prison was ordered for 188 people (44%), with a median term of 12 months. A fine was ordered for 14 (3%), and restitution for 2 (less than 1%).
On criminal history, 80% were in the lowest category, category I, and 0% were in the highest, category VI. Court-martial records have no criminal history field.
Yearly Counts
There were 246 people in fiscal years 2016 to 2019 and 183 in fiscal years 2020 to 2025. The count was lower in the later period, which covers more years.
The table gives each year. Counts range from 15 to 86 people, and the median stayed between 1.4 and 3.8 months. The records do not show whether a policy or enforcement change explains the lower counts in fiscal years 2022 to 2024.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 34 | 1.8 months | 100% |
| 2017 | 71 | 2.2 months | 100% |
| 2018 | 86 | 1.6 months | 100% |
| 2019 | 55 | 1.8 months | 100% |
| 2020 | 39 | 1.8 months | 100% |
| 2021 | 38 | 1.9 months | 100% |
| 2022 | 15 | 1.4 months | 100% |
| 2023 | 17 | 3.8 months | 100% |
| 2024 | 15 | 1.9 months | 100% |
| 2025 | 59 | 1.9 months | 100% |
What the Records Cannot Show
The data covers only people who were convicted and sentenced. Acquittals and dismissals are not included. The terms shown are those imposed, and the records do not show time served or any later removal proceedings.
How We Counted
Everyone sentenced in federal court in the Western District of New York (U.S. Sentencing Commission district label "New York West") in fiscal years 2016 to 2025 whose offense type was "Immigration" (429). 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 Western District of New York, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Sexual Abuse Sentences in the Western District of New York, 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.