Illegal reentry to the U.S. after the Deportation

Once you have been removed legally an alien from the United States, federal criminal law considers it as a serious crime that the foreigner re-enters or was found in the country without the authorization of the government.

What constitutes “illegal reentry”?

According to the pertinent federal criminal law, the Immigration and Nationality Act, is not simply the illegal reentry after the deportation of what constitutes the crime. Instead, the act applies to any alien who reenters the U.S. or is in the country, without the authorization of the government, in the following situations:

  • after you have been denied admission to the United States;
  • after having been excluded from the United States;
  • after having been deported from the United States;
  • after you have been removed from the United States;
  • after having left the United States with an order of exclusion, deportation, or removal pending.

Sanctions due to illegal reentry

According to federal law, an alien who illigally reenters, as described above, will receive one of the following punishments:

  • a fine;
  • imprisonment for a period of up to two years;
  • fine and imprisonment.

Penalty Enhancements for Prior Criminal Convictions

If the alien reenters the United States or is in the country without the authorization of the government after receiving a criminal conviction for a serious offence without aggravating circumstances, or after receiving three or more convictions for minor offenses (such as those related to the drugs or against people), this is subject to the penalty:

  • a fine;
  • imprisonment for a period of up to 10 years;
  • fine and imprisonment.

In the case of aliens who reentered the United States, or is present in the country without the authorization of the government after receiving a criminal conviction for a serious offence with aggravating circumstances, the maximum penalty set by law is 20 years. Penal sanctions may be imposed over foreign nationals who have been removed after having been jailed due to certain reasons and foreign nationals are deemed related to terrorism.