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Officials are cracking down harder than ever on immigration law violations, targeting illegal re-entry in particular. If you are facing prosecution for this charge, you should understand the potential penalties and what happens next. This is where having legal counsel is essential.
The New York immigration law attorneys of Carden Dotzler Hammond, PLLC can help you learn more about illegal re-entry and what is at stake for your future. Let us help defend your rights and best interests.
What is Illegal Re-Entry?
Pursuant to 8 U.S.C. § 1326, illegal re-entry means that someone tries to come into the United States after previously being deported or denied entry. The government has the burden of proving the following elements beyond a reasonable doubt:
- The defendant is unlawfully in the United States: This means that the defendant is not a U.S. citizen and/or does not have lawful permanent residency or lawful presence in the United States.
- Prior removal or other immigration decision: There must have been a prior removal or deportation of the defendant from the country, or another action such as denial of entry or exclusion.
- Re-entry: Next, prosecutors must show the defendant then re-entered or attempted to re-enter the country, or was found in New York or elsewhere in the United States without authorization to be here.
- No authorization: Finally, the defendant must not have permission from the Department of Homeland Security or the Attorney General to be in the country.
What Comes After Prosecution?
Illegal re-entry is one of the most commonly prosecuted federal crimes, especially in light of recent changes to enforcement priorities. If you are successfully prosecuted, you could face these penalties:
- Up to 2 years in prison
- Up to 10 years in prison if the re-entry is associated with certain other non-aggravated felonies or misdemeanors
- A maximum of 20 years in prison if re-entry follows an aggravated felony conviction
- Deportation or removal from the United States
Importantly, you will be permanently barred from the United States if you are convicted of illegal re-entry. This means you can never become a U.S. citizen, regardless of whether you marry a U.S. citizen or would have otherwise qualified for citizenship.
How Can an Attorney Help Me?
Federal prosecutors take re-entry cases seriously, especially if the defendant has a previous criminal record. You can expect to face swift and unforgiving prosecution which could permanently prevent your ability to ever legally immigrate to the United States.
Fortunately, you may be able to argue one or more defenses. With the help of a New York immigration lawyer, you could raise the following:
- Unlawful prior removal or other proceeding: If your previous deportation, denied entry, or other immigration proceeding was improper, unlawful, or otherwise flawed, then it might not count against you for purposes of an illegal re-entry charge.
- Lack of knowledge or notice about prior proceeding: It may also be a defense if the prior removal or other proceeding was lawful, but you did not have knowledge or notice of it. Raising this defense requires compelling evidence, so speak with a New York immigration law attorney.
- You had permission to re-enter: The U.S. immigration system is large and bureaucratic, so it is possible that you had permission to re-enter the country but it was overlooked or the government made a similar mistake concerning it.
An Experienced Attorney is Ready to Work For You
There may be other available defenses, depending on the unique circumstances of your case. To avoid the harshest penalties following federal prosecution for illegal re-entry, get in touch with CDH Law. We can begin working on your case today.