Illegal Reentry to the United States

Illegal reentry is a serious matter. The federal government prosecutes individuals with a prior removal order, under 8 USC 1326, if they reenter the United States after being previously removed. This will lead to your prosecution in federal court, and subsequent removal from the United States. The charge for illegally reentering the United States is a felony charge and could lead to a sentence of at least two years and removal from the United States. The statute enhances the sentence depending on prior prosecutions, several criminal convictions, or a conviction for an aggravated felony under INA §101(a)(43).

What Constitutes Illegal Reentry?

Congress, in order to dissuade people from entering the United States after being removed, criminalized illegal reentry to the United States. The government will prosecute the following individuals of illegal reentry:

• Individuals who have been denied reentry to the United States;
• Individuals who have been excluded from the United States;
• Individuals who have been deported from the United States;
• Individuals who have been removed from the United States; or
• Individuals who have departed the United States previously with an outstanding order of exclusion, deportation, or removal.

These individuals would be charged with illegal reentry if they try to return to the United States in an undocumented way or are found in the United States after such reentry.