Thread: Re-entry after Deportation

Illegal re-entry is a felony.

After an alien has been removed from the US, and that alien re-enters (or is found in) the country without approval of the government, it is a felony under federal criminal law.

1912

8 U.S.C. § 1326—Reentry After Deportation (Removal)

After the amendments made by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), subsection 1326(a) now makes it an offense for any alien who has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation or removal is outstanding and thereafter enters, attempts to enter, or is at any time found in the United States, unless prior to the alien's reembarkation at a place outside the United States or his application from foreign contiguous territory, the Attorney General has expressly consented to such alien's for admission, or such alien shall establish that he was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act.

The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both.

However, with regard to an alien whose "removal" was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the statutory maximum term of imprisonment is 10 years.

Moreover, if deportation was subsequent to conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years.

Although subsection 1326(a) now refers to any alien who has been "denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation, or removal is outstanding," subsections 1326(b)(1) and (b)(2), relating to aliens with prior criminal convictions, refer only to aliens "whose removal was subsequent to a conviction." Read together, subsections 1326 (a) and (b) appear to suggest that the term "removal" in subsections 1326(b)(1) and (b)(2) includes the terms "denied admission," "excluded ," "deported," "removed," and "departed the United States while an order of exclusion, deportation, or removal is outstanding," as set forth in subsection 1326(a). Section 309(d) of the IIRIRA seems to support this conclusion, providing "any reference in law to an order of exclusion and deportation or an order of deportation." Nevertheless, 8 U.S.C. § 1326 does not define "removal," nor does do subsections 1326(b)(1) and (2) specifically provide that removal is synonymous with "denied admission," "excluded ," "deported," and "departed the United States while an order of exclusion, deportation, or removal is outstanding." In view of this apparent uncertainty, some United States Attorneys expressed concern that, for example, that a criminal alien prosecuted under § 1326(b) might argue that he is not subject to enhanced punishment because he had been "deported," not "removed."

To foreclose possible litigation in this area, the Department is considering proposing a technical amendment whereby the language in subsections 1326(b)(1) and (2) would track the language in subsection 1326(a).

[cited in USAM 9-73.200] [updated September 2008]

http://www.justice.gov/usao/eousa/foia_ ... m01912.htm

Too bad this invader isn't being required to follow the law. Instead, she's in the process of going through her upteenth appeal in an effort to find a judge that will allow her to stay in this country, after already having been deported at least one time.

What good's the law if it's not enforced!

http://www.alipac.us/ftopict-123400.html

Unfortunately that does not scare them and they come back. There was a case a few years ago where a Mexican was deported and returned and ended up killing a room mate and injuring another who tried to stop it. he was deported in February and was back the next month. Gang members were notorious for being deported and then coming back without spending jail time in their countries like they were suppose to. Once police caught on that they had a person at the jail lie and say they are there to offcers who arrested them agian here all illegal alien now must serve their jail sentences here before being deported.

Originally Posted by swatchick

Unfortunately that does not scare them and they come back. There was a case a few years ago where a Mexican was deported and returned and ended up killing a room mate and injuring another who tried to stop it. he was deported in February and was back the next month. Gang members were notorious for being deported and then coming back without spending jail time in their countries like they were suppose to. Once police caught on that they had a person at the jail lie and say they are there to offcers who arrested them agian here all illegal alien now must serve their jail sentences here before being deported.

Ditto SC! And even in the rare instance they do prosecute for felony reentry, they rarely impose (I've never heard of a case that got twenty years) anything near the maximum sentence. The reason the law allows for a twenty year sentence (besides being a deterrent) is because at one time, this country thought it was a serious offense to reenter after having been deported.

Obviously, things change…..

They know the chances of meaningful punishment are very, very low.

Originally Posted by ReggieMay

They know the chances of meaningful punishment are very, very low.

The chances of being caught are even lower , especially in the barrios

Originally Posted by Justthefacts

Originally Posted by ReggieMay

They know the chances of meaningful punishment are very, very low.

The chances of being caught are even lower , especially in the barrios

They know that ICE has to notify their consulate if they catch them. Ask any ICE agent and they will tell you that. Also if they go to a police officer and want to turn themsleves in because they want to go home once ICE gets them they have to release them if they do not have a criminal past here and give them an immigration court date. This is what an ICE agent told me.

RE-VOLVING BORDERS, LACK OF ENFORCEMENT="NO WORK TODAY!"