9.8 Alien-Deported Alien Found in United States
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§1326 . Reentry of deported alien; criminal penalties for reentry of certain deported aliens.
A federal district court has ruled that a provision of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1326 (a) and (b) (section 1326), criminalizing the presence of deported persons found in the United States, violates the Equal Protection Clause of the.
§ 1326, makes it a felony offense for anyone to reenter or attempt to reenter the U.S. after being removed or deported from this country. The Homeland Security secretary seem to suggest, as have many legal scholars, that a violation of § 1325 is a ?civil? and not a ?criminal? offense.
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.
§1326 . Reentry of deported alien; criminal penalties for reentry of certain deported aliens.
§ 276 (8 USC 1326) Reentry of removed aliens A. B. with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both.
Its sister statute, 8 U.S.C. § 1326, makes it a felony offense for anyone to reenter or attempt to reenter the U.S. after being removed or deported from this country. The Homeland Security secretary seem to suggest, as have many legal scholars, that a violation of § 1325 is a ?civil? and not a ?criminal? offense.
