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8 U.S.C. § 1326 — Reentry of removed aliens
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (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.
**(b) Criminal penalties for reentry of certain removed aliens** Notwithstanding subsection (a), in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to [section 1225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/c&num=0&edition=prelim) because the alien was excludable under [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B
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Source file: Laws/federal/codes/united-states-code/title-8/section-1326-reentry-of-removed-aliens--df93c157a0.md
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Source location: Title 8, Chapter 12, § 1326; chapter-012-immigration-and-nationality.md
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**(a) In general** Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (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.
**(b) Criminal penalties for reentry of certain removed aliens** Notwithstanding subsection (a), in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to [section 1225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/c&num=0&edition=prelim) because the alien was excludable under [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim) or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.11 So in original. The period probably should be a semicolon. or
(4) who was removed from the United States pursuant to [section 1231(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/a/4/B&num=0&edition=prelim) who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.
For the purposes of this subsection, the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.
**(c) Reentry of alien deported prior to completion of term of imprisonment** Any alien deported pursuant to section 1252(h)(2) 22 See References in Text note below. of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.
**(d) Limitation on collateral attack on underlying deportation order** In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that—
(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;
(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and
(3) the entry of the order was fundamentally unfair.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Arrival manifests** For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port.
**(b) Departure manifests** For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported.
**(c) Contents of manifest** The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall include—
(1) complete name;
(2) date of birth;
(3) citizenship;
(4) sex;
(5) passport number and country of issuance;
(6) country of residence;
(7) United States visa number, date, and place of issuance, where applicable;
(8) alien registration number, where applicable;
(9) United States address while in the United States; and
(10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security.
**(d) Appropriate officials
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1221
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under [section 1154(a)(1)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a/1/A/iii&num=0&edition=prelim).
**(b) Construction** The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1105a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable provisions**
(1) **General orders of removal** — Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) **Matters not subject to judicial review**
(A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review—
(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim),
(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or
(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Not later than 210 days after the date of enactment of this subchapter, the Attorney General, in consultation with the Independent Review Committee authorized by the First Step Act of 2018, shall develop and release publicly on the Department of Justice website a risk and needs assessment system (referred to in this subchapter as the “System”), which shall be used to—
(1) determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum, low, medium, or high risk for recidivism;
(2) assess and determine, to the extent practicable, the risk of violent or serious misconduct of each prisoner;
(3) determine the type and amount of evidence-based recidivism reduction programming that is appropriate for each prisoner and assign each prisoner to such programming accordingly, and based on the prisoner’s specific criminogenic needs, and in accordance with subsection (b);
(4) reassess the recidivism risk of each prisoner periodically, based on factors including indicators of progress, and of regression, that are dynamic and that can reasonably be expected to change while in prison;
(5) reassign the prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the revised determination to ensure that—
(A) all prisoners at each risk level have a meaningful opportunity to reduce their classification during the period of incarceration;
(B) to address 11 So in original. the specific criminogenic needs of the prisoner; and
(C) all prisoners are able to successfully participate in such programs;
(6) determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities in accor
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3632
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inspection**
(1) **Aliens treated as applicants for admission** — An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.
(2) **Stowaways** — An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under [section 1158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim) or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(3) **Inspection** — All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.
(4) **Withdrawal of application for admission** — An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
(5) **Statements** — An applicant fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1225
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) the term “alien terrorist” means any alien described in [section 1227(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/4/B&num=0&edition=prelim);
(2) the term “classified information” has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
(3) the term “national security” has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.);
(4) the term “removal court” means the court described in [section 1532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1532&num=0&edition=prelim);
(5) the term “removal hearing” means the hearing described in [section 1534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1534&num=0&edition=prelim);
(6) the term “removal proceeding” means a proceeding under this subchapter; and
(7) the term “special attorney” means an attorney who is on the panel established under [section 1532(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1532/e&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 175, act Feb. 5, 1917, ch. 29, § 1, 39 Stat. 874, related to application of laws to Philippine Islands.
Section 176, act Mar. 15, 1934, ch. 70, § 1, 48 Stat. 435, related to disposition of moneys received or paid for detention of aliens. See [section 1356(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/a&num=0&edition=prelim).
Section 177, act Feb. 5, 1917, ch. 29, § 29, 39 Stat. 894, related to international conference for regulation of immigration of aliens.
Section 178, act Feb. 5, 1917, ch. 29, § 38, 39 Stat. 897, provided for the effective date of the act of Feb. 5, 1917, repealed specified provisions, and set forth laws unaffected by the enactment of this act.
Section 179, act May 26, 1924, ch. 190, § 21(b), 43 Stat. 165, related to blank forms of manifest and crew lists. See [section 1352(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1352/b&num=0&edition=prelim).
Section 180, acts Mar. 4, 1929, ch. 690, § 1(a)–(c), 45 Stat. 1551; June 24, 1929, ch. 40, 46 Stat. 41, related to reentry or attempted reentry of deported aliens. See sections 1101(g) and 1326 of this title.
Sections 180a to 180d, act Mar. 4, 1929, ch. 690, §§ 2–5, 45 Stat. 1551, 1552, related to reentry or attempted reentry of deported aliens. See sections 1101, 1182, 1203, and 1325 of this title.
Section 181, act May 25, 1932, ch. 203, § 7, 47 Stat. 166, related to reentry of deported aliens. See [section 1326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1326&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 175 to 181
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Federal law — U.S. Code and appendices · legal_authorities
Page 423
TITLE 8—ALIENS AND NATIONALITY
§ 1326
1 So in original. The period probably should be a semicolon.
2 See References in Text note below.
ing any provision of the immigration laws shall
be imprisoned for not more than 5 years, fined in
accordance with title 18, or both.
(June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat.
229; Pub. L. 99–639, § 2(d), Nov. 10, 1986, 100 Stat.
3542; Pub. L. 101–649, title I, § 121(b)(3), title V,
§ 543(b)(2), Nov. 29, 1990, 104 Stat. 4994, 5059; Pub.
L. 102–232, title III, § 306(c)(3), Dec. 12, 1991, 105
Stat. 1752; Pub. L. 104–208, div. C, title I, § 105(a),
Sept. 30, 1996, 110 Stat. 3009–556.)
Editorial Notes
AMENDMENTS
1996—Subsecs. (b) to (d). Pub. L. 104–208 added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c)
and (d), respectively.
1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘fined
under title 18’’ for ‘‘fined not more than $2,000 (or, if
greater, the amount provided under title 18)’’.
1990—Subsec. (a). Pub. L. 101–649, § 543(b)(2), inserted
‘‘or attempts to enter’’ after ‘‘(1) enters’’ and ‘‘at-
tempts to enter or’’ after ‘‘or (3)’’, and substituted
‘‘shall, for the first commission of any such offense, be
fined not more than $2,000 (or, if greater, the amount
provided under title 18) or imprisoned not more than 6
months, or both, and, for a subsequent commission of
any such offense, be fined under title 18, or imprisoned
not more than 2 years’’ for ‘‘shall, for the first commis-
sion of any such offenses, be guilty of a misdemeanor
and upon conviction thereof be punished by imprison-
ment for not more than six months, or by a fine of not
more than $500, or by both, and for a subsequent com-
mission of any such offenses shall be guilty of a felony
and upon conviction ther
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1326
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.