Photo: Wikimedia.com

AllLaw.com

Is it a Crime to Enter The U.S. Illegally?

Illegal entry (or “improper entry”) to the US carries criminal penalties (fines and jail or prison time), in addition to civil penalties and immigration consequences (deportation and bars from future entry).

By Ilona Bray, J.D.

Whether it’s by crossing the U.S. border with a “coyote” or buying a fake U.S. passport, a foreign national who enters the U.S. illegally can be both convicted of a crime and held responsible for a civil violation under the U.S. immigration laws. Illegal entry also carries consequences for anyone who might later attempt to apply for a green card or other immigration benefit.

The penalties and consequences get progressively more severe if a person enters illegally more than once, or enters illegally after an order of removal (deportation) or having been convicted of an aggravated felony.
What Is Illegal Entry?

The immigration law actually uses the term “improper entry,” which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point.

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 (in other words, away from a border inspection point or other port of entry)

eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend’s car)

attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).

(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language – www.uscis.gov/laws/immigration-and-nationality-act.)
Criminal Penalties

For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both. For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
But just in case that isn’t enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as follows:
(1) People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.
(2) People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.
(3) People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.
(4) Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.
What’s more, someone deported before a prison sentence was complete may be incarcerated for the remainder of the sentence of imprisonment, without any reduction for parole or supervised release.
(See 8 U.S.C. Section 1326, I.N.A. Section 276.) More here.