1994 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1326 - Reentry of deported alien; criminal penalties for reentry of certain deported aliens

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§1326 . Reentry of deported alien; criminal penalties for reentry of certain deported aliens

(a) Subject to subsection (b) of this section, any alien who—

(1) has been arrested and deported or excluded and deported, and thereafter

(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously excluded and deported, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,

shall be fined under title 18, or imprisoned not more than 2 years, or both.

(b) Notwithstanding subsection (a) of this section, in the case of any alien described in such subsection—

(1) whose deportation was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; or

(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both.

For the purposes of this subsection, the term “deportation” includes any agreement in which an alien stipulates to deportation during a criminal trial under either Federal or State law.

(June 27, 1952, ch. 477, title II, ch. 8, §276, 66 Stat. 229; Nov. 18, 1988, Pub. L. 100–690, title VII, §7345(a), 102 Stat. 4471; Nov. 29, 1990, Pub. L. 101–649, title V, §543(b)(3), 104 Stat. 5059; Sept. 13, 1994, Pub. L. 103–322, title XIII, §130001(b), 108 Stat. 2023.)

Amendments

1994—Subsec. (b). Pub. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of” and substituted “10” for “5”, in par. (2), substituted “20” for “15”, and added concluding sentence.

1990—Subsec. (a). Pub. L. 101–649 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than ,000”.

1988—Pub. L. 100–690 designated existing provisions as subsec. (a), substituted “Subject to subsection (b) of this section, any alien” for “Any alien”, and added subsec. (b).

Effective Date of 1990 Amendment

Amendment by 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.

Effective Date of 1988 Amendment

Section 7345(b) of Pub. L. 100–690 provided that: “The amendments made by subsection (a) [amending this section] shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act [Nov. 18, 1988].”

Cross References

Definition of alien, Attorney General, entry, and United States, see section 1101 of this title.

Section Referred to in Other Sections

This section is referred to in section 1329 of this title; title 10 section 374.