Illegal Reentry After Deportation: Federal Charges and Penalties
Coming back into the United States, trying to, or being found here after being deported or removed, without the government's advance permission, is a federal crime under 8 U.S.C. § 1326. The basic maximum is 2 years in prison, but it rises to 10 or 20 years depending on the person's criminal record before removal. It is one of the most common federal offenses: the U.S. Sentencing Commission reports that 80% of immigration cases in fiscal year 2025 involved illegal reentry.
What the law says
- 8 U.S.C. § 1326(a) makes it a crime for a person who has been denied admission, excluded, deported, or removed, or who left while a removal order was outstanding, to enter, attempt to enter, or be found in the United States without the required advance consent. 8 U.S.C. § 1326 (govinfo.gov)
- The basic penalty for illegal reentry is a fine, up to 2 years in prison, or both. 8 U.S.C. § 1326 (govinfo.gov)
- If the removal followed a conviction for three or more misdemeanors involving drugs, crimes against the person, or both, or for a felony other than an aggravated felony, the maximum is 10 years. 8 U.S.C. § 1326 (govinfo.gov)
- If the removal followed a conviction for an aggravated felony, the maximum is 20 years. 8 U.S.C. § 1326 (govinfo.gov)
- For these enhanced penalties, "removal" includes an agreement in which the person stipulated to removal, whether or not during a criminal trial. 8 U.S.C. § 1326 (govinfo.gov)
- A defendant may challenge the underlying deportation order in an illegal reentry case only by showing all three of: exhausting available administrative remedies, being improperly denied the opportunity for judicial review, and that the order was fundamentally unfair. 8 U.S.C. § 1326 (govinfo.gov)
- In United States v. Palomar-Santiago (2021), the Supreme Court held that each of these three requirements in § 1326(d) is mandatory. United States v. Palomar-Santiago, 593 U.S. 321 (2021), Syllabus
- A separate crime, improper entry under 8 U.S.C. § 1325(a), covers entering at a time or place not designated by immigration officers, evading inspection, or entering through willfully false statements; it carries up to 6 months for a first offense and up to 2 years for a later offense. 8 U.S.C. § 1325 (govinfo.gov)
- The U.S. Sentencing Commission reports that of 66,662 cases reported to it in fiscal year 2025, 22,743 involved immigration offenses, and 80% of those involved illegal reentry; illegal reentry offenses increased by 57% since fiscal year 2021 and 45% from the previous year. U.S. Sentencing Commission, Quick Facts: Illegal Reentry Offenses (FY 2025)
- In fiscal year 2025, 97% of people sentenced for illegal reentry were sentenced to prison, and the average sentence was 10 months; 49% had little or no prior criminal history, and 25% received enhancements for a previous illegal entry conviction. U.S. Sentencing Commission, Quick Facts: Illegal Reentry Offenses (FY 2025)
FAQ
Is reentering the U.S. after deportation a felony?
Yes. Illegal reentry under 8 U.S.C. § 1326 carries up to 2 years in prison at the base level, and up to 10 or 20 years depending on prior convictions. Under 18 U.S.C. § 3559, a federal offense with a maximum prison term of more than one year is classed as a felony.
What is the maximum sentence for illegal reentry with an aggravated felony?
Up to 20 years in prison if the person was removed after a conviction for an aggravated felony.
What is the difference between illegal entry and illegal reentry?
Improper entry (8 U.S.C. § 1325) covers entering at an undesignated place or evading inspection, with up to 6 months for a first offense. Illegal reentry (8 U.S.C. § 1326) applies to people who were previously denied admission, deported, or removed, with a 2-year base maximum.
Can I be charged just for being found in the U.S.?
Yes. Section 1326(a) covers a previously removed person who enters, attempts to enter, or "is at any time found in" the United States without advance consent.
What sentences do people actually get?
The U.S. Sentencing Commission reports that in fiscal year 2025, 97% of people sentenced for illegal reentry received prison, with an average sentence of 10 months.
Can I challenge my old deportation order in the criminal case?
Only if you show all three conditions in § 1326(d): you exhausted administrative remedies, you were improperly denied judicial review, and the order was fundamentally unfair. The Supreme Court held in Palomar-Santiago (2021) that all three are mandatory.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.