Immigration and illegal entry remain hot political issues in the United States. According to a study conducted in 2012, it is estimated that there are 11 million undocumented immigrants in the US. UU. and that those in an active age make up more than 5 percent of the country’s workforce. They pay more than $ 11 billion dollars for different local and state taxes per year.
The federal government has been deporting millions of immigrants ; about 2 million people between 2009 and 2014. With so many processes, the number of cases of illegal readmissions has also increased.
What is illegal reentry?
The law dealing with illegal reentry is Title 8 of the United States Code, article §1326 . The law provides that any person who “has been denied admission, excluded, deported or repatriated or who has left the United States with an order of exclusion, deportation or repatriation” is not allowed to enter, attempt to enter or reside in the United States. It is considered a federal crime to reside in the United States after a repatriation action.
Differences between “return” and “formal repatriation”
While both are similar in many ways, since return and formal repatriation are means that the government uses to send the immigrant out of the country, there are substantial differences between the two processes.
Formal repatriation is the process used by the United States government to send undocumented immigrants back to their country of origin. In this case, in general, the legal process is extensive and the return trip is paid to the immigrant. But it also implies the prohibition of legally re-entering the United States within 5 to 20 years. The immigrant usually has the opportunity to devise a defense against repatriation.
On the other hand, the return implies that the immigrant is apprehended, often when he crosses the border, and is prevented from entering the country. Many of these people go through a formal process and appear in court in exchange for milder penalties; Usually, they return legally later. This process can take hours or days.
Penalties for illegal reentry
Often, the penalty for illegally re-entering the country without permission is to reinstate the previous repatriation order and execute it immediately. Other penalties may be imposed, depending on the circumstances. A fine can also be charged and the illegal reentry after the repatriation is ordered punishable by up to two years in prison. If the repatriation order includes three or more misdemeanors or a felony, the fine will be higher and the punishment may increase to up to 10 years in prison. Re-entry after repatriation after being convicted of an aggravated crime means that the immigrant must pay a high fine, 20 years in prison and the permanent prohibition of re-entering the US. UU.
There are situations in which a previous order cannot be reinstated. For example:
- when the immigrant is eligible to be legally admitted as a permanent resident as specified in article 245A of the Immigration and Nationality Law,
- expresses fear of returning to their country of origin and asks for asylum, or
- request an adjustment of their status under a number of laws for refugees.
An experienced immigration lawyer knows what are the grounds to defend him in favor of his reinstatement and against the repatriation order.
When to seek help from an immigration lawyer
The immigrant arrested for illegally re-entering the United States may want to be represented by an experienced immigration attorney who knows the subject. The immigration lawyer can help you set up a defense against the threat of repatriation and better understand the laws.
Talk to a qualified Immigration lawyer today