Understanding Illegal Reentry After Deportation

Illegal reentry after deportation is a serious immigration offense under United States law. Many people are unsure about the consequences and legal implications of returning to the U.S. after being removed. This article explains what illegal reentry means, the penalties involved, and possible defenses.

What is Illegal Reentry?

Illegal reentry occurs when a person who has been previously removed (deported) from the United States reenters or attempts to reenter the country without proper authorization. This is governed by Section 276 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1326.

Who is Considered a Deported Alien?

A deported alien is any non-citizen who has been formally removed from the United States through an order of removal, exclusion, or deportation. This includes individuals who left the country voluntarily while under an order of removal.

Penalties for Illegal Reentry

Is illegal reentry a felony?

Illegal reentry is a federal crime and is generally classified as a felony. The basic penalty is up to 2 years in federal prison. However, if the person was removed after being convicted of certain crimes (such as aggravated felonies or multiple misdemeanors), the penalties can be much harsher—up to 20 years in prison.

Exceptions and Defenses

There are limited defenses to illegal reentry. For example, if the underlying removal order was legally defective, or if the person had received official permission to reenter (such as advance parole or a waiver), they may have a defense. Each case is highly fact-specific.

Consequences of Illegal Reentry

Can you still come back to the US after getting deported?

After deportation, a person is generally barred from returning to the United States for a period of years—commonly 5, 10, or 20 years, or even permanently, depending on the circumstances of their removal. Attempting to reenter without proper authorization during this bar can result in criminal prosecution and further bars to reentry. In some cases, a person may apply for special permission (a waiver or consent to reapply) to lawfully return before the bar expires, but this is difficult to obtain and not guaranteed.

What is the 10 year rule for immigration?

The "10-year rule" refers to a provision in immigration law that allows certain undocumented immigrants who have been physically present in the U.S. for at least 10 years to apply for cancellation of removal if they can demonstrate exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child. This is a form of discretionary relief and is not available to everyone. It is most commonly raised as a defense in removal proceedings.

Legal Help and Next Steps

If you or a loved one is facing charges of illegal reentry or has questions about returning to the U.S. after deportation, it is important to consult with an experienced immigration attorney. Immigration law is complex, and the consequences of illegal reentry can be severe.