The Transactional Records Access Clearinghouse (TRAC) from Syracuse University released a report on November 25, 2013, showing that there were nearly 100,000 criminal immigration prosecutions during the 2013 fiscal year. TRAC compiled its data through information it obtained through the Freedom of Information Act.
The number of
immigration prosecutions is up 22.6% over the past five years. The vast majority of these prosecutions were
for illegal entry under section 1325 of Title 8 of the U.S. Code and for
illegal re-entry under section 1326 of Title 8 of the U.S. Code. Entering or attempting to enter the country
without inspection is a federal criminal offense, though in the past many if
not most violators caught were released without criminal charges.
The Obama
Administration has put an increased focus on criminally charging violators with
illegal entry and especially with illegal re-entry after a deportation. In fiscal year 2013, there were 76% more
prosecutions against those charged with illegal re-entry after deportation
compared the final year of the George W. Bush Administration. Many charged with this offense are shocked
when the learn that it carries a maximum punishment of 2 years imprisonment
with the possibility of sentence enhancers taking it to a 10 or 20 year maximum
depending on the individual’s immigration and criminal history.
The bottom
line is that trying to enter the U.S. without inspection is a criminal offense
with severe consequences including lengthy periods of imprisonment. Noncitizens already in the United States
facing deportation should know that illegal re-entry after the deportation is
not a viable option and should consider fighting their case to stay here in
removal proceedings. For those abroad,
entry without proper documentation is a criminal offense that could ruin any
chances to move to or visit the U.S. in the future.
To speak with an immigration attorney about potential defenses against removal or about immigrant and nonimmigrant visas, call our office at 303-297-9171 and ask to set up a consultation.
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