Keith Mack
The laws surrounding illegal immigration are complex and vary from country to country. In the United States, for example, there are federal criminal offences pertaining to immigration and nationality, including Illegal Entry and Illegal Re-Entry. These laws make it a crime to enter the country without proper inspection or to re-enter after having been deported. The penalties for these offences can include fines, prison sentences, or deportation.
| Characteristics | Values |
|---|---|
| Name of law | Sections 1325 and 1326 of Chapter 8 of the U.S. Code |
| Type of offense | Civil and criminal |
| Type of violation | Immigration |
| Type of offense | Misdemeanor and felony |
| Punishment | Civil immigration detention and deportation proceedings, criminal sanctions, prison sentence |
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What You'll Learn
Voting in a federal election
Illegal immigrants are also prohibited from entering the United States without proper inspection at a port of entry. This law, known as "Illegal Entry" or 8 U.S.C. § 1325, was passed in the late 1920s and makes it a crime to enter the country unlawfully. A first offence is punishable by a fine, up to six months in prison, or both.
Another law that illegal immigrants break is "Illegal Re-Entry" or 8 U.S.C. § 1326, which makes it a crime to unlawfully re-enter or be found in the United States after having been deported, ordered removed, or denied admission.
The Department of Homeland Security (DHS) has announced ad campaigns warning illegal immigrants to self-deport and stay out of the country. These ads warn that if illegal immigrants come to America and break its laws, they will be hunted down and deported.
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Unlawfully entering the US
"Illegal Entry" (8 U.S.C. § 1325) makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offence is a misdemeanour punishable by a fine, up to six months in prison, or both.
"Illegal Re-Entry" (8 U.S.C. § 1326) makes it a crime to unlawfully re-enter, attempt to unlawfully re-enter, or to be found in the United States after having been deported, ordered removed, or denied admission.
These laws have been used to advance racist, anti-immigrant policy goals. Passed in the late 1920s during the height of the eugenics movement, the racist intentions of the laws are still felt today. Justice Department data shows how prosecutions for unauthorized reentry disparately impact Mexican and Latinx individuals: roughly 94% of people prosecuted for unauthorized reentry in fiscal years 2020-21 were from Mexico, Honduras, Guatemala, and El Salvador.
In addition to these entry-related offences, there are other laws that illegal immigrants may break. For example, it is illegal for non-citizens to vote in federal elections, and doing so could result in up to three years in prison or deportation.
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Making false statements at entry
Illegal immigrants can break the law by voting in federal elections, entering the country without proper inspection at a port of entry, and re-entering the country after being deported.
If an applicant's attorney or agent makes a false representation, the applicant is still held responsible. This includes oral misrepresentations made at the border by a person assisting an alien to enter illegally. An alien cannot deny responsibility for any misrepresentation made by the alien based on the advice of another person.
In cases where an applicant makes a misrepresentation, they should be warned of potential ineligibility and confronted with the misrepresentation. The applicant must correct their representation before being exposed by a U.S. Government official and before the conclusion of the proceeding during which they made the false statement. A retraction can be considered voluntary and timely if it was made in response to an officer's questions, during which the officer gave the applicant a chance to explain or correct a potential misrepresentation.
Using false documents to enter the U.S. may subject an individual to inadmissibility at the green-card application stage. This can be overcome by applying for a "waiver" (legal forgiveness), but legal assistance is recommended.
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Unlawfully re-entering the US
A first offence of unlawful re-entry is considered a misdemeanour and is punishable by a fine, up to six months in prison, or both. However, subsequent offences can be charged as felonies, with more severe penalties. For example, an individual with prior convictions could face up to 20 years in federal prison under § 1326.
The laws regarding unlawful re-entry, §§ 1325 and 1326, were passed in the late 1920s during the height of the eugenics movement and have been criticised for advancing racist and white supremacist ideology. Justice Department data shows that prosecutions for unauthorised re-entry disproportionately impact individuals from Mexico, Honduras, Guatemala, and El Salvador, with roughly 94% of those prosecuted in fiscal years 2020-21 coming from these countries.
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Being in the US after deportation
This law makes it a crime to unlawfully re-enter, attempt to unlawfully re-enter, or to be found in the United States after having been deported, ordered removed, or denied admission. It is considered a felony violation in the criminal context.
An individual with prior convictions who is charged with illegal re-entry could be put in federal prison for up to 20 years. This law has been used to advance racist, anti-immigrant policy goals and disparately impacts Mexican and Latinx individuals.
It is important to note that immigration violations are considered civil offenses, but illegal re-entry is a criminal offense. This means that while a person may be subject to deportation proceedings for an immigration violation, they could also face criminal charges and prison time for illegal re-entry.
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Frequently asked questions
Illegal immigrants break immigration laws, such as Title 8 of the U.S. Code, which makes it a crime to unlawfully enter the United States.
The consequences of breaking these laws can include fines, prison sentences of up to three years, and deportation.
These laws apply to anyone who is not a U.S. citizen and enters the country without proper inspection or makes false statements while entering.
