Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

ENFORCE OUR LAWS: Illegal Reentry into the U.S. After Removal: Crime and Punishment
FINDLAW.COM ^ | Circa 2006 | Copyright © 2006 FindLaw. ALL RIGHTS RESERVED

Posted on 05/15/2006 10:34:54 AM PDT by Liz

After an alien has been legally "removed" from the United States, federal criminal law makes it a felony for that alien to reenter (or be found in) the country without approval of the US government.

What Constitutes "Illegal Reentry"?

Under the applicable federal criminal statute, the Immigration and Nationality Act, it is not merely illegal reentry after removal that constitutes the crime. Rather, the law applies to any alien who reenters the U.S. or is found within the country, without government approval, after having been:

Denied admission to the U.S.;
Excluded from the U.S.;
Deported from the U.S.;
Removed from the U.S.; or
Departed from the U.S. while an order of exclusion, deportation, or removal is outstanding.

Penalties for Illegal Reentry

Under relevant federal statutes, an alien who commits illegal reentry as described above will be punished with:

A fine; or
Imprisonment for not more than two years; or
Both fine and imprisonment.
Penalty Enhancements for Prior Criminal Convictions

If the alien reenters or is found in the U.S. without government approval, after a criminal felony conviction for a non-aggravated felony, or after three or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject punishment by:

A fine; or
Imprisonment for not more than 10 years; or
Both fine and imprisonment

For aliens reentering or found in the U.S. without government approval, after a criminal conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years. Other criminal penalty increases may be imposed for aliens who have been removed after certain kinds of incarceration, and aliens deemed to be associated with terrorism.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Government; Politics/Elections
KEYWORDS: aliens; crime; deportation; punishment; reentry; soccermaniactroll
Navigation: use the links below to view more comments.
first 1-2021-32 next last

1 posted on 05/15/2006 10:34:58 AM PDT by Liz
[ Post Reply | Private Reply | View Replies]

To: Liz

I read somewhere that these laws have been largely ignored and most illegals can expect to be caught 10-12 times bfore these laws are implemented.


2 posted on 05/15/2006 10:37:49 AM PDT by umgud (so lonely, I take telemarketer calls)
[ Post Reply | Private Reply | To 1 | View Replies]

To: umgud

what a country!!


3 posted on 05/15/2006 10:39:44 AM PDT by Napoleon Solo
[ Post Reply | Private Reply | To 2 | View Replies]

To: umgud

Those laws have been totally ignored.


4 posted on 05/15/2006 10:43:11 AM PDT by soccer_maniac (Do some good while browsing FR --> Join our Folding@Home Team# 36120: keyword: folding@home)
[ Post Reply | Private Reply | To 2 | View Replies]

To: soccer_maniac

Always.


5 posted on 05/15/2006 10:44:53 AM PDT by RetiredArmy (I've pretty much given up on any politician. They all lie, cheat, and ignore the voters.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Liz

Don't forget that the 12 million illegals who'll get amnesty have 50 million relatives in Mexico who'll be able to come over legally via family reunification.


6 posted on 05/15/2006 10:46:11 AM PDT by soccer_maniac (Do some good while browsing FR --> Join our Folding@Home Team# 36120: keyword: folding@home)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liz

The border patrol claims to have caught some 95,000 illegals since October 05. I assume saying that they catch 10% of those who try to enter would be optimistic. I'm thinking that we're looking at at least 2 million per year.


7 posted on 05/15/2006 10:49:34 AM PDT by cripplecreek (Never a minigun handy when you need one.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liz

the pubbies have a problem. their choices like those of the people on flight 73 are between certain death and near certain death.

If they allow the illegals citizenship--the illegal/legals will do what they did after 1986: vote democratic and tip the country to a democratic majority as they have done in california and that because after 1993 in California many mexicans began voting in california to preserve gov bennies--for which the dems excel. There won't be social security benefit for Americans of retirement age from the illegals/legals because they will suck up what ever they put into the economy--as they are now. They won't yield a net gain. ie they won't pay for anyone's social security.

Everyone but everyone who has ever been to any government building that dispenses anything from health care to drivers lisences can't help but notice that the place is swamped with foreigners. Basically the welfare state system set up in the 1960's is being totally gamed by foreigners.

What the president looks like he is about to do will demoralize the republicans bringing on the effects of the 1992 & 1996 elections. There may not even be a third party but when W builds in a reversal of the fortunes of the war of 1848--it creates a kind of passivity in people when they see their leaders commit them to the status of world historical losers.

If Bush decides to put up a wall and expel the illegals then there is a chance to preserve Republican majorities. It would be helpful to promise that the USA will kill the cost of water desalination and transport so as to make it economically possible to turn the deserts 1000 miles from any desert seacoast -- green. (this would increase the habitable size of the USA by a third and double the habitable size of Mexico.)This work is already ongoing and will be accomplished in five years or so--or in about the same time frame that GM promises to have a cost effective fuel cell car. For GM as it is for the GOP its do or die time.

The chief difference between the pubbies current predicament and flight 93 is that they are currently in the cockpit. (if you presume that bush is a republican or at least more of a republican than a bilderburger.)

The point here is that if these guys cannot act like loyal americans at least they can act like republicans. ie people who have a stake in the continuity of the republican party.

Since they are not doing this the republicans in the white house and senate all need to be smacked on both sides of the face and kicked in the but.


8 posted on 05/15/2006 10:50:16 AM PDT by ckilmer
[ Post Reply | Private Reply | To 1 | View Replies]

To: umgud; Liz
I read somewhere that these laws have been largely ignored and most illegals can expect to be caught 10-12 times bfore these laws are implemented.

That's wrong.

What you are thinking of and read about is 'Voluntary Removal" which is different then an official criminal removal.

The BP does VR's on the vast majority of Mexicans caught entering the US. Depending on the alien, yes, they can be VR'ed a dozen or so times before we do an official removal.

An official removal requires a court and a judge, we can't send several thousand Mexicans to immigration court each day.

If you think catch and release is bad now, throw in a million Mexicans and see how bad it gets.

9 posted on 05/15/2006 10:57:23 AM PDT by Marine Inspector (Government is not the solution to our problem; Government is the problem)
[ Post Reply | Private Reply | To 2 | View Replies]

To: umgud

"I read somewhere "

No doubt. And if it was on here it was probably by someone who signed up within the past year.
1+1 is always 2.


10 posted on 05/15/2006 10:58:00 AM PDT by RedBloodedAmerican
[ Post Reply | Private Reply | To 2 | View Replies]

To: ckilmer

the difference is when we the people riding in coach said "we're in", we are ignored.


11 posted on 05/15/2006 10:59:51 AM PDT by Rakkasan1 (lead ,follow or get out of the majority.start with our borders.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Marine Inspector

It's a whole lot easier to arrest the crimminals who hire illegals.


12 posted on 05/15/2006 10:59:59 AM PDT by cripplecreek (Never a minigun handy when you need one.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Liz

Thanks Liz. Now how do we get our crooked, sleazy politicians to enforce the law?


13 posted on 05/15/2006 11:00:24 AM PDT by stephenjohnbanker (Immigration: Acting like dupes does not earn us their respect, but their CONTEMPT.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

Yep!


14 posted on 05/15/2006 11:00:38 AM PDT by Marine Inspector (Government is not the solution to our problem; Government is the problem)
[ Post Reply | Private Reply | To 12 | View Replies]

To: soccer_maniac

It's not as easy as you think!


15 posted on 05/15/2006 11:04:18 AM PDT by Marine Inspector (Government is not the solution to our problem; Government is the problem)
[ Post Reply | Private Reply | To 6 | View Replies]

Comment #16 Removed by Moderator

To: ckilmer
the pubbies have a problem. their choices like those of the people on flight 73 are between certain death and near certain death.

I've seen this exact same post in several threads and it's really starting to annoy me.

It is FLIGHT

93!!

I didn't even read your post after the first sentence.

17 posted on 05/15/2006 11:17:55 AM PDT by AFreeBird (your mileage may vary)
[ Post Reply | Private Reply | To 8 | View Replies]

To: cripplecreek

That would put all the contractors {anyone with a pick-up}out of business at home depot.


18 posted on 05/15/2006 11:24:43 AM PDT by Vaduz (and just think how clean the cities would become again.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: soccer_maniac

So Fox called Bush Sunday and was told not to worry, the Nat. Guard idea is just temporary and the amnesty will happen, America's road to Hispanicazation is still on track.

Pig in a poke, Trojan Horse, bait and switch, shell game, you name it it's all malarky....and the result will ruin America and keep Mexico un-reformed...

W-T-F is going on ??


19 posted on 05/15/2006 11:30:40 AM PDT by crowman
[ Post Reply | Private Reply | To 6 | View Replies]

To: Vaduz

Tough. Their business is about as legitimate as a drug dealer or a pimp if they're hiring illegals.


20 posted on 05/15/2006 11:32:01 AM PDT by cripplecreek (Never a minigun handy when you need one.)
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-32 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson