DOJ declined 23,000 crimes, critics say
Reporting shows the Department of Justice declined more than 23,000 criminal cases in 2025 as enforcement priorities shifted toward immigration matters, a point critics have used to argue prosecutors are reallocating resources. Rep. Greg Casar publicly criticized the shift and cited reporting that links the declined prosecutions to a broader focus on deportations (thefulcrum.us) (x.com).
The Department of Justice declined to prosecute more than 23,000 criminal cases in 2025, the highest number in at least five years. (thefulcrum.us) U.S. Attorneys' offices received 79,777 referrals from federal investigators that year but pursued only 56,500 cases, leaving 23,277 referrals declined. This marked a 41% decline rate, up from 30% in 2021. (thefulcrum.us) Federal prosecutors decide whether to pursue cases based on Department of Justice priorities, resource limits and likelihood of conviction. Declinations mean cases go unprosecuted unless local authorities step in. (justice.gov) The spike coincided with a major shift in enforcement under the Trump administration, which directed federal resources toward immigration violations. DOJ data shows immigration and border cases surged 27% to 41,000 prosecutions in 2025. (tracreports.org) Immigration prosecutions often involve illegal border crossings or re-entry after deportation, handled by U.S. Attorneys in border districts like Texas and Arizona. These cases filled 25% of all federal criminal dockets by late 2025. (syndication.bleedingheartland.com) Texas Rep. Greg Casar, a Democrat, criticized the shift on X, saying it proves "resources are being diverted from actual crime to mass deportation." He linked it directly to the 23,000 declinations. (x.com) Casar cited DOJ's own statistics, arguing border districts declined non-immigration cases at twice the national rate. "Prosecutors are too busy with deportations to touch fentanyl or gun crimes," he said. (x.com) DOJ officials defend the priorities, stating immigration enforcement protects public safety and national security amid record border encounters. A spokesperson noted declinations often involve weak evidence, not just resource shifts. (justice.gov) Immigration court backlogs hit 3.6 million cases by early 2026, with average wait times over four years. Critics like Casar say this strains the entire justice system, forcing prosecutors to prioritize deportations over other crimes. (thefulcrum.us) The debate echoes 2017-2021, when similar immigration surges led to declination spikes. DOJ reports show non-immigration violent crime prosecutions dropped 15% in border districts during peak years. (tracreports.org) Casar called for congressional oversight, predicting more declinations if deportation goals—targeting 1 million annually—continue. DOJ has not announced plans to adjust priorities. (x.com)
