Prosecution or lack of prosecution in this area are both political. The previous DOJ also sued SpaceX for not hiring asylees. I am not aware of an actual court victory. These tend to settle out of court and both sides get to claim victory and make headlines.
>they tend to look for technical compliance
I'm taking a more holistic view here, which is that the whole thing is so farcical that enforcing compliance here does more harm than good. Look at the operation that chained Hyundai workers and deported them for a photo op. What did it achieve? It created a diplomatic incident, the battery plant stopped producing batteries, and the state lost tax revenue.
>Those are some of the factors USCIS uses but no single factor is sufficient.
That's a whole different can of worms. There is endless litigation over things that USCIS does in its infinite wisdom. Fortunately, we have the APA and Loper Bright overturned Chevron, so it should restore some sanity to it.
Aside: >prosecutions for downloading something
There is no real prosecution for downloading. It's only uploading. The technical definition is the same as the legal one. The way DMCA prosecution works is that if you are in a torrent swarm and are uploading, you are distributing content, which is easier to prove under copyright law.