Kara Sears
Entering the US illegally is a violation of immigration laws and can result in serious consequences, including criminal sanctions. The laws pertaining to illegal entry and re-entry are Sections 1325 and 1326 of Chapter 8 of the U.S. Code, respectively. These laws, which fall under the broader category of improper entry, outline the penalties for those who cross the border without authorisation. The severity of the punishment depends on the number of times a person has entered the country illegally and the nature of any prior convictions.
| Characteristics | Values |
|---|---|
| Name of law | U.S. Code Title 8, Section 1325 ("illegal entry") |
| U.S. Code Title 8, Section 1326 ("illegal reentry") | |
| Immigration and Nationality Act (INA) Section 275 | |
| Penalties | Criminal penalties for reentry |
| Reentry of certain removed people, including those removed due to a conviction of an aggravated felony, misdemeanours, crimes, and felonies that differ from aggravated felonies | |
| Civil immigration detention and deportation proceedings | |
| Criminal sanctions | |
| Up to 20 years in federal prison for individuals with prior convictions | |
| The number of times a person has illegally entered the U.S. determines how severe their punishment will be |
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What You'll Learn
Crossing the border at an unguarded point
The definition of "improper entry" is broad and includes more than just crossing the border at an unguarded point. It can also include entering the U.S. at a designated point of entry without being examined or inspected by immigration officers, or attempting to enter by evading inspection, such as by hiding in a vehicle.
The consequences of illegally crossing the border become harsher with each illegal re-entry. The number of times a person has illegally entered the U.S. determines the severity of their punishment. For example, an individual with prior convictions who is charged with illegal re-entry could face up to a 20-year sentence in federal prison.
It is important to note that the laws regarding illegal entry and re-entry have been criticised for exacerbating racial and ethnic discrimination and advancing racist, anti-immigrant policy goals. Data shows that prosecutions for unauthorized reentry disproportionately impact individuals from Mexico, Honduras, Guatemala, and El Salvador.
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Entering without inspection by immigration officers
Entering the United States without inspection by immigration officers is considered an improper entry and is illegal. This falls under U.S. Code Title 8, Section 1325, and the Immigration and Nationality Act (INA) Section 275. It is also known as an 'unauthorised entry' or 'illegal entry'.
Improper entry can include entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers. This means away from a border inspection point or other port of entry. It also includes eluding examination or inspection by U.S. immigration officers. People have tried various methods to do this, from digging tunnels to hiding in the trunk of a friend's car.
The consequences of illegally crossing the border become harsher upon illegal re-entry. The number of times a person has illegally entered the U.S. determines how severe their punishment will be. Punishments for re-entry into the United States are found in 8 U.S. Code § 1325 and 8 U.S. Code § 1326. These laws have been used to advance racist, anti-immigrant policy goals. Justice Department data shows how prosecutions for unauthorized re-entry disparately impact Mexican and Latinx individuals.
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Re-entry after deportation
Entering the US illegally is considered 'improper entry' under US immigration law. The laws used to criminally prosecute people for entering the United States without permission are known as Sections 1325 ("illegal entry") and 1326 ("illegal reentry") of Chapter 8 of the U.S. Code.
Improper entry can include entering or attempting to enter the United States at any time or place other than one designated by US immigration officers, eluding examination or inspection by US immigration officers, or attempting to enter or obtain entry to the United States by a willful misrepresentation of a material fact or by concealment of a material fact.
The consequences of illegally crossing the border become harsher upon illegal re-entry. The number of times a person has illegally entered the US determines how severe their punishment will be. Punishments for re-entry into the United States are found in 8 U.S. Code § 1325 and 8 U.S. Code § 1326. These punishments include criminal penalties for re-entry as well as "re-entry of certain removed" people, such as those removed due to a conviction of an aggravated felony, misdemeanors, crimes, and felonies that differ from aggravated felonies.
Under federal law, people who re-enter the United States without authorization are subject not only to civil immigration detention and deportation proceedings but also to criminal sanctions. For example, an individual with prior convictions could be put in federal prison for up to a 20-year sentence.
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Re-entry after conviction of an aggravated felony
Entering the US illegally is a violation of the immigration laws outlined in U.S. Code Title 8, Sections 1325 and 1326, and the Immigration and Nationality Act (INA) Section 275. Section 1325 refers to "illegal entry", while Section 1326 refers to "illegal reentry".
The consequences of illegally crossing the border become harsher upon illegal re-entry. The number of times a person has illegally entered the U.S. determines how severe their punishment will be. Re-entry after conviction of an aggravated felony is considered an aggravated felony and is punishable by criminal penalties.
Aggravated felonies are defined as crimes of violence, theft, or drug trafficking that are punishable by at least one year in prison. Examples of aggravated felonies include murder, rape, sexual abuse of a minor, drug trafficking, and theft.
If a person is convicted of an aggravated felony and is then removed from the U.S., they may be subject to a final order of removal (deportation). If they attempt to re-enter the U.S. after this, they will be considered to have illegally re-entered the country and may face harsher penalties.
The penalties for illegal re-entry after conviction of an aggravated felony can include criminal penalties, such as prison time, as well as civil immigration consequences, such as deportation. The specific penalties will depend on the individual's circumstances and the severity of their crime.
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Entering at a place without immigration officers present
Entering the US at a place without immigration officers present is considered an 'improper entry' or 'illegal entry'. This is defined as entering or attempting to enter the United States at any time or place other than one designated by US immigration officers. This means entering away from a border inspection point or other port of entry.
Improper entry can also include eluding examination or inspection by US immigration officers. People have tried to do this in a number of ways, including digging tunnels or hiding in the trunk of a friend's car.
The laws used to criminally prosecute people for entering the United States without permission are known as Sections 1325 ("illegal entry") and 1326 ("illegal reentry") of Chapter 8 of the U.S. Code. These laws were passed in the late 1920s during the height of the eugenics movement to further racist and white supremacist ideology. The consequences of illegally crossing the border become harsher upon illegal re-entry. The number of times a person has illegally entered the US determines how severe their punishment will be. Punishments for illegal crossings include criminal penalties for reentry as well as “reentry of certain removed” people, such as those removed due to a conviction of an aggravated felony, misdemeanors, crimes, and felonies that differ from aggravated felonies.
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Frequently asked questions
Entering the US illegally breaks U.S. Code Title 8, Section 1325, as well as the Immigration and Nationality Act (INA) Section 275.
An illegal entry can include entering the US at a place without immigration officers present, or at a location that is not a designated point of entry. It can also include entering without being examined or inspected by immigration officers.
The consequences of entering the US illegally include criminal penalties, as well as civil immigration detention and deportation proceedings. The number of times a person has illegally entered the US will determine how severe their punishment will be.
Justice Department data shows that prosecutions for unauthorized reentry disproportionately impact Mexican and Latinx individuals. In fiscal years 2020-21, roughly 94% of people prosecuted for unauthorized reentry were from Mexico, Honduras, Guatemala, and El Salvador.
