Fact Check: Re-entering the U.S. after deportation is a felony.

Fact Check: "Re-entering the U.S. after deportation is a felony."

What We Know

The claim that re-entering the U.S. after deportation is a felony is supported by U.S. law. According to 8 U.S.C. § 1326, any alien who has been deported and subsequently attempts to enter or is found in the United States without prior consent from the Attorney General commits a federal offense. The law specifies that this offense can lead to imprisonment for up to two years, or more severe penalties depending on the circumstances of the deportation, such as prior criminal convictions. For instance, if the deportation followed a conviction for an aggravated felony, the maximum penalty can increase to 20 years of imprisonment (source-1).

Analysis

The legal framework surrounding re-entry after deportation is clear and well-documented. The statute, 8 U.S.C. § 1326, explicitly categorizes illegal re-entry as a federal crime, thus supporting the claim that it is a felony. The law has been amended multiple times, most notably by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which reinforced the penalties associated with re-entry (source-1, source-2).

The sources cited are credible, as they include official legal texts and government resources. For instance, the Cornell Law School provides a reliable and accessible interpretation of U.S. code, while the Bonderud Law Firm and AllLaw offer practical insights into the implications of these laws. These sources emphasize that re-entry without permission is not just illegal but is treated as a serious offense under federal law.

Moreover, the National Immigration Project outlines the consequences of illegal re-entry, reiterating that it is a federal crime. This further corroborates the claim, as it highlights the legal repercussions faced by individuals who attempt to return to the U.S. after being deported.

Conclusion

The claim that "re-entering the U.S. after deportation is a felony" is True. The legal statutes clearly define this act as a federal offense, with significant penalties attached, including potential imprisonment. The evidence from multiple credible sources supports this conclusion, affirming that re-entry after deportation is indeed treated as a felony under U.S. law.

Sources

1. 8 U.S.C. 1326 -- Reentry After Deportation (Removal)
2. 8 U.S. Code § 1326 - Reentry of removed aliens
3. 8 CFR § 1212.2 - Consent to reapply for admission after ...
4. Illegal Reentry into the United States: What You Need to Know
5. Reentry To The U.S. After Removal (Deportation) - AllLaw
6. Returning to the United States After Deportation: A Guide to ...
7. Illegal Reentry Into the U.S. After Removal or Deportation
8. What Happens If I'm Deported and Want to Re-Enter the US?