8 U.S.C. § 1325 — Improper entry by alien

Page 422 TITLE 8—ALIENS AND NATIONALITY § 1324d added by subsection (b), applies to the preparation of applications before, on, or after the date of the enact- ment of this Act [Sept. 30, 1996].’’ Amendment by section 308(g)(10)(D) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 379(a) of Pub. L. 104–208 appli- cable to orders issued on or after Sept. 30, 1996, see sec- tion 379(b) of Pub. L. 104–208, set out as a note under section 1324a of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE Section applicable to persons or entities that have committed violations on or after Nov. 29, 1990, see sec- tion 544(d) of Pub. L. 101–649, as amended, set out as an Effective Date of 1990 Amendment note under section 1227 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1324d. Civil penalties for failure to depart (a) In general Any alien subject to a final order of removal who— (1) willfully fails or refuses to— (A) depart from the United States pursu- ant to the order, (B) make timely application in good faith for travel or other documents necessary for departure, or (C) present for removal at the time and place required by the Attorney General; or (2) conspires to or takes any action designed to prevent or hamper the alien’s departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. (b) Construction Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 1253(a) of this title or any other section of this chapter. (June 27, 1952, ch. 477, title II, ch. 8, § 274D, as added Pub. L. 104–208, div. C, title III, § 380(a), Sept. 30, 1996, 110 Stat. 3009–650.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–208, div. C, title III, § 380(c), Sept. 30, 1996, 110 Stat. 3009–650, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply to actions occurring on or after the title III–A ef- fective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title]).’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. § 1325. Improper entry by alien (a) Improper time or place; avoidance of exam- ination or inspection; misrepresentation and concealment of facts Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immi- gration officers, or (3) attempts to enter or ob- tains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commis- sion of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both. (b) Improper time or place; civil penalties Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immi- gration officers shall be subject to a civil pen- alty of— (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been pre- viously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addi- tion to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provi- sion of the immigration laws shall be impris- oned for not more than 5 years, or fined not more than $250,000, or both. (d) Immigration-related entrepreneurship fraud Any individual who knowingly establishes a commercial enterprise for the purpose of evad- 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 thereof shall be punished by im- prisonment for not more than two years, or by a fine of not more than $1,000’’. Subsec. (c). Pub. L. 101–649, § 121(b)(3), added subsec. (c). 1986—Pub. L. 99–639 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title I, § 105(b), Sept. 30, 1996, 110 Stat. 3009–556, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to illegal entries or attempts to enter occurring on or after the first day of the sixth month beginning after the date of the enactment of this Act [Sept. 30, 1996].’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 121(b)(3) of Pub. L. 101–649 ef- fective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of this title. Amendment by section 543(b)(2) of Pub. L. 101–649 ap- plicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1326. Reentry of removed aliens (a) In general Subject to subsection (b), any alien who— (1) has been denied admission, excluded, de- ported, or removed or has departed the United States while an order of exclusion, deporta- tion, 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 admis- sion from foreign contiguous territory, the At- torney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied ad- mission 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 re- moved aliens Notwithstanding subsection (a), in the case of any alien described in such subsection— (1) whose removal was subsequent to a con- viction for commission of three or more mis- demeanors involving drugs, crimes against the person, or both, or a felony (other than an ag- gravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; (2) whose removal was subsequent to a con- viction for commission of an aggravated fel- ony, 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 because the alien was excludable under section 1182(a)(3)(B) of this title or who has been re- moved from the United States pursuant to the provisions of subchapter V, and who there- after, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and im- prisoned for a period of 10 years, which sen- tence shall not run concurrently with any other sentence.1 or (4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title 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 dur- ing) 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) 2 of this title who enters, attempts to