Federal Immigration Charges

Federal Immigration Charges: Understanding Illegal Re-Entry

If you or a loved one is facing charges for illegal re-entry into the United States, it’s crucial to understand the federal laws that apply, the evidence the government must prove for a conviction, and the potential penalties involved. Here’s an overview of what you need to know about illegal re-entry under federal law and the consequences of being charged under 8 U.S.C. § 1326.

The Federal Government’s Tougher Stance on Immigration Prosecutions

Recent changes in U.S. immigration enforcement policies have made the prosecution of illegal re-entry cases more aggressive. Federal agencies like the U.S. Department of Justice, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP), Drug Enforcement Administration (DEA) and many other federal law enforcement agencies are collaborating to identify individuals who have illegally re-entered the country. As a result, illegal re-entry charges are being pursued more vigorously, with prosecutors often seeking lengthy prison sentences for those convicted.

What Is Illegal Re-entry Under Federal Law?

Illegal re-entry is a crime under 8 U.S.C. § 1326, which makes it illegal for a non-citizen to re-enter or be found in the United States after being denied admission, excluded, deported, or removed. Simply put, if someone who has previously been removed from the U.S. attempts to re-enter without proper authorization, they can be charged with illegal re-entry.

What Must the Government Prove for a Conviction?

To convict someone of illegal re-entry under 8 U.S.C. § 1326, the government must prove several key elements beyond a reasonable doubt:

1. The Defendant is an Alien: The individual must be a non-U.S. citizen or someone without lawful permanent residency.
2. Prior Denial, Exclusion, Deportation, or Removal: The defendant must have previously been denied entry to the U.S., excluded, or formally removed from the country.
3. Subsequent Re-entry or Presence: The defendant must have re-entered the U.S. or been found in the country without proper authorization after being removed.
4. No Authorization to Re-enter: The defendant must not have the consent of the Attorney General or the Secretary of the Department of Homeland Security to re-enter the U.S.

Penalties for Illegal Re-entry

Penalties for illegal re-entry vary depending on the defendant’s criminal history and other factors. Under 8 U.S.C. § 1326(b), potential punishments include:

• For a first-time offense with no criminal history: Up to 2 years in prison.
• For re-entry after certain misdemeanors or non-aggravated felonies: A fine and up to 10 years in prison.
• For re-entry after an aggravated felony conviction: A maximum sentence of 20 years in prison.
• Deportation or removal from the U.S. is often one of the most significant consequences of an illegal re-entry conviction.

What Should You Do If Arrested for Illegal Re-entry?

If you or a family member has been arrested for illegal re-entry under 8 U.S.C. § 1326, immediate action is required. Facing these charges can lead to serious consequences, including lengthy prison sentences, fines, and deportation. Here’s how you should proceed:

1. Hire an Experienced Federal Criminal Defense Attorney
   The first step is to retain an attorney with experience in federal criminal defense, especially in immigration-related criminal cases. Illegal re-entry is a federal crime, and the federal government aggressively prosecutes these cases. An experienced attorney can help you understand your rights, explain the charges, and begin building a strong defense strategy.
2. Remain Silent and Do Not Discuss Your Case
   Do not speak to law enforcement without your attorney present. Any statement made to the authorities can be used against you. Your attorney will guide you on what to say and how to handle questioning.
3. Gather Relevant Documentation
   Work with your attorney to collect any relevant documents, such as your immigration history, deportation records, or any evidence that may impact your case. For example, if there were issues with your removal or if you had permission to re-enter, this could help your defense.
4. Understand the Legal Elements of the Charge
   The prosecution must prove:
   • You are not a U.S. citizen or lawful permanent resident.
   • You were previously denied admission or removed from the U.S.
   • You re-entered or were found in the U.S. without authorization.
   • You lacked permission to re-enter.
5. Consider Possible Defenses
   Depending on the specifics of your case, there may be legal defenses available, such as:
   • Improper or unlawful removal: If the deportation process was flawed, it could serve as a defense.
   • Lack of knowledge: If you didn’t know about the prior removal order or weren’t notified, this could be a defense.
   • Re-entry with permission: If you were granted permission to re-enter but this was not recognized by the government, the charge may be dismissed.
6. Prepare for Potential Sentencing
   If convicted, you could face significant penalties, including prison time and fines. Your attorney may be able to negotiate a reduced sentence or work out a favorable plea agreement.
7. Understand the Immigration Consequences
   Beyond criminal penalties, being convicted of illegal re-entry can result in deportation and being barred from returning to the U.S. for a long period. Your attorney will help you navigate these consequences and try to minimize their impact on your future.

Why You Need Legal Representation

Illegal re-entry charges are serious and come with harsh penalties, including long prison sentences and deportation. Given the federal government’s aggressive approach to these cases, you need an experienced federal criminal defense attorney to protect your rights and fight for the best possible outcome. At Almonte Law, we offer the guidance and expertise you need to navigate the legal process and defend against these charges effectively.