In recent years, Congress has passed strict immigration control measures that can potentially lead to long jail sentences for illegal entry into the country. The criminal defense attorneys in Orlando at the Alers Law Firm can defend you when you have been charged with certain immigration offenses.
The mere act of trying to enter or being found in the United States can become a criminal offense based on a 1996 federal law. If you have been alleged to have illegally entered or tried to have entered the United States, you could be facing potential jail term. Although the law seems harsh and has even been found unconstitutional in some instances, it would still apply to your case.
Call the Alers Law Firm for an immediate free initial consultation when you have been charged with a crime. Given the stakes at hand, you need a criminal defense law firm on your side at the first possible opportunity.
Penalties for Illegal Reentry Into the United States
In 1996, Congress passed a bill that tightened immigration laws and introduced new penalties for certain actions. For the first time, it was now a federal offense to reenter (or attempt to reenter) the United States after being removed and deported. Although the law has introduced strict and uncompromising penalties, it has done little to achieve its intended purpose of stemming illegal immigration while potentially stripping people of the due process to which they are entitled under the United States Constitution.
The law about illegal reentry into the United States is found at 8 USC 1326. According to the law, there are criminal penalties for an alien (the term used in the law) who tries to enter or is found in the United States after they have been deported or removed from the country (or there is a deportation order that has been entered). The law provides for imprisonment for up to two years for a conviction.
The penalties may escalate based on the reason for the alien’s removal from the United States. For example, the penalties rise to ten years when the alien has been previously convicted of three or more misdemeanors involving drugs or crimes against a person or any type of felony. They can be imprisoned for twenty years when the reason for their removal was the commission of an aggravated felony.
Note that you do not actually have to succeed in reentering the United States. The law makes it a crime to even attempt to reenter the country illegally. Thus, if you are caught when in the process of trying to enter the country, you could still face charges. You do not even have to be charged with another crime to be prosecuted. Reasons for prosecution under the law include:
- Entering the United States at a place other than a designated port of entry
- Eluding examination and inspection by immigration officers
- Making a false statement or misrepresentation to gain entry into the United States
Law Enforcement Agencies Have Discretion to Make Criminal Referrals
It is up to the individual law enforcement agency whether to refer an alien who has illegally reentered the United States for prosecution. Given the current climate in Florida, it is reasonable to expect that there is a heightened chance that you may face criminal prosecution if you are accused of illegally reentering the United States. Some believe (without concrete evidence and proof) that enforcing this law can actually deter illegal migration into the United States. If law enforcement makes a referral to federal prosecutors, there is an overwhelming chance that they will initiate criminal proceedings against you because it is not difficult for prosecutors to prove their case and obtain a conviction.
The fact remains that you are likely to face jail time if you have been convicted of violating the illegal reentry law. In 2021, more than 99% of people who were convicted under this law were sentenced to prison. Still, you need a criminal defense lawyer to represent you, given the stakes.
Recently, defendants have been fighting back when charged with violating the illegal reentry law. Some federal courts have even held that this law is unconstitutional, although the cases have gone to appellate courts who have not yet struck down the law. Even though prosecutions under the law fall disproportionately on those of Hispanic descent, prosecutors continue to enforce the law aggressively.
Contact an Orlando Criminal Defense Attorney Today
Get legal help immediately from the Alers Law Firm if you have been charged with violating laws about illegal entry into the United States because your freedom is at stake. Our Orlando criminal defense lawyers are standing by and ready to assist you at any time. You can schedule a free initial consultation by calling us today at 407-930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
