Keith Mack
The laws surrounding illegal immigration are complex and controversial. In the United States, for example, illegal entry and re-entry are considered criminal offences under Sections 1325 and 1326 of Chapter 8 of the U.S. Code. These laws have been criticised for advancing racist, anti-immigrant policy goals and exacerbating racial and ethnic discrimination. Despite this, the U.S. government has continued to enforce these laws, with Secretary Kristi Noem announcing a multimillion-dollar ad campaign warning illegal aliens to self-deport or face deportation and the inability to return to the country.
| Characteristics | Values |
|---|---|
| Entering the United States without permission | Section 1325 ("illegal entry") |
| Re-entering the United States without permission | Section 1326 ("illegal re-entry") |
| Improper entry into the United States by an alien | Section 1325 |
| Entry into marriage for the purpose of evading immigration laws | Section 1325 |
| Establishing a commercial enterprise for the purpose of evading immigration laws | Section 1325 |
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What You'll Learn
Entering the US without permission
Under federal law, people who enter the United States without authorization are subject to civil immigration detention and deportation proceedings, as well as criminal sanctions. This means that they can be detained and deported, and may also face criminal charges.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended Section 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty. This means that even if an individual is not successfully prosecuted for illegal entry, they may still face civil penalties for attempting to enter the country without authorization.
It is important to note that the laws around illegal entry and immigration have been criticized for advancing racist and anti-immigrant policy goals. The law's racist intentions, which stem from the eugenics movement of the 1920s, are still felt today, with prosecutions for unauthorized reentry disproportionately impacting Mexican and Latinx individuals.
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Re-entering the US without permission
Section 1326 was passed in the late 1920s during the height of the eugenics movement and has been used to advance racist and white supremacist ideology. The law disproportionately impacts Mexican and Latinx individuals, with roughly 94% of people prosecuted for unauthorised re-entry in fiscal years 2020-21 coming from Mexico, Honduras, Guatemala, and El Salvador.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended the law to include a civil penalty for aliens apprehended while entering or attempting to enter the US at a time or place other than as designated by immigration officers. This means that in addition to criminal sanctions, those who re-enter the country illegally may also be subject to fines or other civil penalties.
It is important to note that while re-entering the US without permission is illegal, the impact of these laws on racial and ethnic minorities has been criticised. The law has been accused of exacerbating racial and ethnic discrimination and advancing racist, anti-immigrant policy goals.
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Marriage fraud
Another way in which an immigration application based on marriage will be considered fraudulent is if it isn't legally valid. For example, if you are already married to another person and were never able to get a legal divorce, your current marriage is invalid. Applying for U.S. lawful permanent residence (a green card) on the basis of an invalid marriage is considered fraudulent. Even if you get away with it in the short term, your green card and eventual U.S. citizenship could be taken away on the basis of this fraud.
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Commercial enterprise fraud
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty. This means that if an illegal immigrant is caught trying to enter the country through means other than those designated by immigration officials, they will be subject to a fine or other civil penalty.
In addition, commercial enterprise fraud can also have negative impacts on the wider community. It can create unfair competition for legitimate businesses, as well as contribute to the underground economy and tax evasion. It can also lead to the exploitation of workers, as illegal immigrants may be more vulnerable to abuse or mistreatment due to their undocumented status.
It is important for governments and law enforcement agencies to address commercial enterprise fraud by illegal immigrants. This includes increasing border security and immigration enforcement, as well as investigating and prosecuting those involved in fraudulent activities. By taking action against commercial enterprise fraud, governments can help ensure a fair and level playing field for legitimate businesses, protect the rights of workers, and maintain the integrity of the immigration system.
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Fleeing immigration checkpoints
Illegal immigrants are breaking immigration laws by entering or attempting to enter a country without permission. These laws are Sections 1325 ("illegal entry") and 1326 ("illegal re-entry") of Chapter 8 of the U.S. Code.
When an individual flees an immigration checkpoint, they are attempting to evade the inspection process and avoid detection by immigration authorities. This can involve a variety of tactics, such as providing false or misleading information to immigration officers, using fraudulent documents, or attempting to bypass the checkpoint altogether.
The consequences of fleeing an immigration checkpoint can be serious. In many countries, it is considered a criminal offence and can result in penalties such as fines, detention, or even criminal prosecution. Additionally, fleeing an immigration checkpoint can impact an individual's ability to seek legal status in the future, as it may be considered a violation of immigration laws and result in a negative mark on their record.
It is important to note that the specific laws and penalties related to fleeing immigration checkpoints can vary depending on the country and its immigration regulations. However, in general, it is considered a serious offence that can carry significant consequences.
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Frequently asked questions
The laws used to criminally prosecute people for entering and re-entering the US without permission are Sections 1325 ("illegal entry") and 1326 ("illegal re-entry") of Chapter 8 of the US Code. Section 1325 also sets forth criminal offences relating to marriage and commercial enterprise fraud.
Under federal law, people who enter or re-enter the US without authorisation are subject to civil immigration detention and deportation proceedings, as well as criminal sanctions. An individual with prior convictions could be put in federal prison for up to 20 years.
Prosecutions for entry and re-entry violations bring together the civil and criminal immigration legal systems in ways that exacerbate racial and ethnic discrimination. Justice Department data shows how prosecutions for unauthorised re-entry disparately impact Mexican and Latinx individuals.
