Illegal Re-Entry After Deportation Is An Aggravated Felony
If you have been deported from the United States, and you return--or even attempt to return to the U.S.--without permission to do so, you can be arrested for Illegal Re-Entry After Deportation, 8 U.S.C. Section 1326. Illegal Re-Entry is a federal felony and the United States Attorney's Office is serious about prosecution. Each year, the U.S. District Court of Arizona prosecutes over 1,000 people for illegal re-entry. Pursuant to 8 U.S.C. 1101(a)(43)(O), being found guilty of Illegal Re-Entry After Deportation is considered to be an aggravated felony.
Under the U.S. Sentencing Guidelines, people convicted of Illegal Re-Entry After Deportation can expect to serve sentences of incarceration in the U.S. Bureau of Prisons. This is especially true if the immigrant is caught crossing in a district where the Operation Streamline program has been implemented, like in the Tucson Sector of Southern Arizona. If someone was previously deported because they were found guilty of committing a crime and then they return to the U.S. illegally, they can expect to face a very substantial prison sentence.
Fixing someone's immigration status after they have been deported is never an easy task. But attempting to so after someone has been convicted of Illegal Re-Entry After Deportation is even more difficult. In addition to serving a prison sentence--often times for several years--those individuals who decide to risk it all by illegally returning to the U.S. after deportation normally ruin any chance they may have previously had to repair their immigration status.
Talking to a Lawyer May Be the Best Decision You Ever Make
As immigration and criminal defense attorneys, we have years of experience with both immigration and criminal cases. This includes having represented many people who have been charged with Illegal Re-Entry After Deportation. We can't tell you how many times we wish we could have spoken to our clients the minute before they decided to take the risk of returning to the U.S. illegally. It is heartbreaking when we meet with people who we could have helped if they had only contacted us before they made the decision to cross back into the United States without authorization. If you or someone you know has been deported, and is thinking about crossing into the U.S. illegally, please consider scheduling a consultation with us before that happens. The right advice can make all the difference.