Violating U.S. immigration laws can result in civil fines or criminal charges depending on the nature and severity of the offense. Here is an overview of some of the more common immigration-related crimes:
Illegal Entry
Simply being in the U.S. without authorization is a federal misdemeanor under 8 U.S.C. Section 1325. The crime is punishable by up to 6 months in prison and a fine. Illegal entry includes crossing the border surreptitiously, avoiding inspection points, or entering on false pretenses.
Illegal Re-Entry
Any non-citizen previously denied admission or deported who re-enters the U.S. without authorization is guilty of felony illegal re-entry under 8 U.S.C. Section 1326. Punishment is up to 2 years in prison for a basic re-entry. But those with felonies or previous deportations may face up to 20 years in prison.
Alien Smuggling
Bringing unauthorized immigrants into the U.S., harboring them, transporting, or encouraging illegal immigration is the crime of alien smuggling under 8 U.S.C. Section 1324. Whether smuggling for profit or not, defendants can face up to 10 years in prison.
Fraud and Misuse of Visas/Documents
Using fake or fraudulent documents to unlawfully gain entry or employment in the U.S. is a violation of 18 U.S.C. Section 1546 punishable by up to 10 years imprisonment and substantial fines. Falsely claiming citizenship is another document fraud.
Failure to Depart After Removal Order
Those who do not depart the U.S. within 90 days after receiving a final order of removal can be charged with the federal misdemeanor of failing to depart under 8 U.S.C. Section 1253. Punishment can include fines and up to 4 years in prison.
Violation of U.S. immigration laws should always be taken seriously. Consulting with an experienced immigration attorney is critical when facing any criminal immigration charges.
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