1994 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1325 - Improper entry by alien
View MetadataPublication Title | United States Code, 1994 Edition, Title 8 - ALIENS AND NATIONALITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 8 - ALIENS AND NATIONALITY CHAPTER 11 - NATIONALITY SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION Part VIII - General Penalty Provisions Sec. 1325 - Improper entry by alien |
Contains | section 1325 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | No |
Disposition | standard |
Source Credit | June 27, 1952, ch. 477, title II, ch. 8, §275, 66 Stat. 229; Nov. 10, 1986, Pub. L. 99-639, §2(d), 100 Stat. 3542; Nov. 29, 1990, Pub. L. 101-649, title I, §121(b)(3), title V, §543(b)(2), 104 Stat. 4994, 5059; Dec. 12, 1991, Pub. L. 102-232, title III, §306(c)(3), 105 Stat. 1752.) |
Statutes at Large References | 66 Stat. 229 100 Stat. 3542 104 Stat. 4994 105 Stat. 1752 |
Public Law References | Public Law 99-639, Public Law 101-649, Public Law 102-232 |
§1325 . Improper entry by alien (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Marriage fraudAny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than 0,000, or both.
(c) Immigration-related entrepreneurship fraudAny individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
(June 27, 1952, ch. 477, title II, ch. 8, §275, 66 Stat. 229; Nov. 10, 1986, Pub. L. 99–639, §2(d), 100 Stat. 3542; Nov. 29, 1990, Pub. L. 101–649, title I, §121(b)(3), title V, §543(b)(2), 104 Stat. 4994, 5059; Dec. 12, 1991, Pub. L. 102–232, title III, §306(c)(3), 105 Stat. 1752.)
Amendments1991—Subsec. (a). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than ,000 (or, if greater, the amount provided under title 18)”.
1990—Subsec. (a). Pub. L. 101–649, §543(b)(2), inserted “or attempts to enter” after “(1) enters” and “attempts to enter or” after “or (3)”, and substituted “shall, for the first commission of any such offense, be fined not more than ,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years” for “shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than 0, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than ,000”.
Subsec. (c). Pub. L. 101–649, §121(b)(3), added subsec. (c).
1986—Pub. L. 99–639 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1991 AmendmentAmendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Effective Date of 1990 AmendmentAmendment by section 121(b)(3) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Amendment by section 543(b)(2) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
Cross ReferencesDefinition of entry, immigration laws, immigration officer, and United States, see section 1101 of this title.
Section Referred to in Other SectionsThis section is referred to in section 1329 of this title; title 10 section 374.
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