Unauthorized Border Crossings Into U.S.

 AI Overview

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Unauthorized border crossing into the U.S. can be either a 

civil infraction or a federal crime, depending on the specific circumstances and an individual's history. Simply being unlawfully present in the U.S. is a civil violation, but the act of crossing without inspection is a criminal offense. 

Criminal Offenses

Federal law (Title 8 of the U.S. Code) defines specific actions related to illegal entry as crimes: 

• Illegal Entry (8 U.S.C. § 1325): This is a federal misdemeanor for a first offense. It applies to individuals who enter or attempt to enter the U.S. at a place or time not designated by immigration officers, avoid inspection, or use false documents. A first offense can result in fines or up to six months in prison. Subsequent offenses can be charged as a felony, with imprisonment for up to two years.
• Illegal Re-entry (8 U.S.C. § 1326): This is a federal felony offense for individuals who re-enter, attempt to re-enter, or are found in the U.S. after having been previously deported, removed, or denied admission. Penalties can include up to two years in prison, with potential sentences increasing to 10 or 20 years if the individual had prior convictions for certain serious crimes (e.g., aggravated felonies, drug offenses, or crimes against a person). 

Civil Violations and Consequences

Not all immigration violations are crimes. 

• Unlawful Presence/Visa Overstay: Entering the U.S. legally and then staying longer than permitted (overstaying a visa) is a civil violation, not a criminal one. It can lead to removal (deportation) proceedings and bars on future re-entry (e.g., a three-year or ten-year bar, depending on the length of overstay).
• Removal Proceedings: Even those who cross the border illegally for the first time may be placed in civil removal proceedings by the Department of Homeland Security (DHS), rather than facing immediate criminal prosecution. 

Distinction

The key distinction is that the act of entering the U.S. outside of a port of entry or through fraud is a crime, whereas simply being unlawfully present after an initial legal entry is a civil infraction. 

Individuals apprehended while crossing the border illegally face arrest and processing by U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). Those with prior criminal convictions are a high priority for ICE's Criminal Alien Program.