Illegal Re-entry

Illegal re-entry into the United States refers to the act of a foreign national unlawfully re-entering the country after having been previously removed or deported. Codified under 8 U.S.C. § 1326, illegal re-entry is a federal offense that carries severe legal consequences and is a focal point in U.S. immigration enforcement efforts. The law was primarily enacted to deter non-citizens with prior removal orders from unlawfully crossing back into the United States.

Federal Penalties for Illegal Re-entry

Penalties for illegal re-entry vary based on the individual’s criminal history, the length of time since deportation, and other aggravating or mitigating factors. Generally, a first-time offense may be punishable by up to two years of imprisonment. However, if the individual has previously been convicted of specific types of criminal offenses, the penalties increase significantly. For instance, those with prior felony convictions or aggravated felonies — which may include violent crimes, drug trafficking, or firearm offenses — can face up to 20 years of incarceration upon illegal re-entry. This is compounded by enhanced penalties for individuals with prior removals who also commit other criminal offenses post-reentry.

Illegal re-entry cases are frequently prosecuted in federal court, often following arrests at or near the U.S.-Mexico border. Defendants may face not only criminal penalties but also subsequent civil immigration proceedings, which may lead to removal or deportation orders. Defense strategies for federal criminal defense attorney Nate Crowley in these cases can involve challenging the validity of the prior deportation order, arguing procedural violations, or, in some cases, seeking relief based on asylum or other humanitarian grounds.

Illegal re-entry is a serious offense under U.S. immigration law, with severe penalties for individuals who attempt to return unlawfully. The legal consequences highlight the U.S. government’s stance on enforcing immigration policies and protecting national security interests.

Illegal Re-entry California

In California, illegal re-entry is prosecuted under federal law, as immigration enforcement falls under federal jurisdiction. However, many arrests for illegal re-entry occur in California due to its proximity to the U.S.-Mexico border, making it a frequent location for federal immigration cases. Under 8 U.S.C. § 1326, an individual who re-enters the United States after being previously deported or removed commits a federal offense, with penalties that vary based on prior criminal history and specific circumstances surrounding the re-entry.

California state law does not have a separate penal code addressing illegal re-entry, but state authorities may collaborate with federal agencies in apprehending and processing individuals suspected of this crime.

Legal defenses against illegal re-entry charges often focus on procedural issues in the prior removal order, such as due process violations. Other defenses may include claims for asylum or other humanitarian protections, though these require substantial evidence. Competent Legal representation from California defense attorney Nate Crowley is critical to navigating complex procedural requirements and exploring potential defenses.

Illegal Re-entry Into The United States? Contact Federal Criminal Defense Attorney Nate Crowley.

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