Illegal Reentry into the United States: What You Need to Know
Illegal reentry into the United States is a serious federal offense that can lead to harsh penalties, including imprisonment and deportation. Under 8 U.S.C. § 1326, individuals who have been previously deported, removed, or denied entry and then unlawfully return to the U.S. can face felony charges.
A recent case highlights the government’s aggressive prosecution of illegal reentry offenses. On March 5, 2024, the U.S. Attorney’s Office for the Middle District of Florida announced the indictment of six foreign nationals for illegal reentry after being previously deported. This case, detailed here, underscores the federal government’s commitment to enforcing immigration laws.
What Constitutes Illegal Reentry?
A person may be charged with illegal reentry if they:
- Have been previously removed, deported, or denied admission to the U.S.
- Reenter or attempt to reenter without legal authorization (such as a visa or lawful status).
This law applies regardless of whether the individual enters by land, sea, or air or if they cross the border without inspection.
Penalties for Illegal Reentry
The penalties for illegal reentry vary based on the person’s immigration and criminal history:
- Standard Illegal Reentry – Up to 2 years in federal prison.
- Reentry After a Prior Felony Conviction – Up to 10 years in prison.
- Reentry After an Aggravated Felony Conviction – Up to 20 years in prison.
The federal government takes illegal reentry cases seriously, and prosecutors often seek substantial sentences, especially if the defendant has a criminal history.
Possible Defenses to Illegal Reentry Charges
While illegal reentry charges can be challenging to fight, certain legal defenses may apply, including:
- Lack of Prior Removal or Deportation – If the government cannot prove the defendant was previously deported, the charge may not hold.
- Procedural Errors in the Prior Removal – If the original deportation was improperly handled, it may undermine the government’s case.
- Fear of Persecution or Asylum Claims – If the individual returned due to credible fear of persecution, they may have grounds for legal relief.
The Role of a Criminal Defense Attorney
If you or a loved one is facing charges of illegal reentry, having an experienced criminal defense attorney is crucial. Federal immigration laws are complex, and a strong legal strategy can make a significant difference in the outcome of a case.
At The Bonderud Law Firm, we defend individuals facing serious criminal charges in federal and state courts. If you need legal assistance, contact us today for a confidential consultation.
📞 Call us at (904) 438-8082
🌐 Visit us at BonderudLaw.com
