The Waste and Severe Harm of Immigration Prosecutions: Congress Should Reject Funding for Family Separations & Mass Incarceration

The Trump administration has prioritized federal prosecutions for immigration-related offenses, including for entering the United States without permission. Congress passed a massive reconciliation bill in July 2025 that is supercharging immigration enforcement, including by allotting billions of dollars for referring people for immigrant prosecutions. The same bill mandates the jailing of immigrant children together with their parent, if the parent is charged with the misdemeanor offense of unauthorized entry. Now, Congress has proposed the "Stop Illegal Entry Act of 2025," a bill that would drastically fuel mass incarceration by increasing penalties for those charged with entry-related crimes. This explainer describes how the legislation currently in Congress would fund mass prosecutions that have already had a deadly and costly impact over the years. It also explains how the proposed legislation would line the pockets of the private prison industry with enormous cost to taxpayers.