South Carolina REENTRY OF REMOVED ALIEN
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FAQ
Criminal re-entry (8 U.S.C. 1326(a)) is a federal felony punishable by up to 20 years in prison.
Illegal reentry after deportation and subsequent capture can lead to a criminal conviction for a felony. This is provided by the Immigration Law (8 USC, Section 1326). In addition, the individual would have to pay fines of up to $250 or more if they have already received a previous penalty for the same reason.
Defenses to Illegal Re-Entry Charges In the context of illegal re-entry, the government must prove the following elements: (1) the defendant is an alien; (2) the defendant had been deported or ?removed?; (3) after deportation or removal, the defendant had been ?found? in the United States without permission.
Under 8 USC 1326(a), it is a crime for any alien who was excluded, deported, or removed, to reenter, or attempt to reenter the United States. Under the statute, there is a maximum 2-year sentence for reentry after deportation.
The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both.
18 U.S.C. § 1326 provides punishment for illegal re-entry or attempted illegal re-entry. At the lowest level there could be significant fines and a prison sentence of up to 2 years.
Voluntary departure has certain benefits. It prevents the foreign national from having an order of deportation on his/her record. It avoids the bar to reentry after removal. Unlike unlawful reentry after deportation, there is no criminal penalty for unlawful reentry after a voluntary departure.