Fact Check: Reentering the U.S. after deportation is a felony.

Fact Check: Reentering the U.S. after deportation is a felony.

Published July 6, 2025
VERDICT
True

# Fact Check: "Reentering the U.S. after deportation is a felony." ## What We Know The claim that reentering the U.S. after deportation is a felony i...

Fact Check: "Reentering the U.S. after deportation is a felony."

What We Know

The claim that reentering the U.S. after deportation is a felony is supported by U.S. law. Specifically, 8 U.S.C. § 1326 outlines the legal consequences for aliens who attempt to reenter the United States after being deported. According to this statute, any alien who has been denied admission, excluded, deported, or removed from the U.S. and subsequently reenters without the Attorney General's consent is committing a felony offense. The basic statutory maximum penalty for such an offense includes a fine under title 18, imprisonment for up to 2 years, or both (source-1, source-2).

Furthermore, if the deportation was due to a felony conviction (other than an aggravated felony), the maximum penalty increases to 10 years, and if the deportation was due to an aggravated felony, the maximum penalty can be as high as 20 years (source-1, source-6).

Analysis

The evidence clearly supports the claim that reentering the U.S. after deportation is classified as a felony under U.S. law. The language in 8 U.S.C. § 1326 is explicit about the consequences of reentry after deportation, indicating that it is indeed a felony offense. The law has been amended over the years, particularly by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which has clarified the penalties associated with reentry after deportation (source-1, source-2).

The sources cited are credible legal references, including U.S. Code and government publications, which provide a reliable basis for understanding the legal framework surrounding this issue. The information is consistent across multiple legal resources, reinforcing the accuracy of the claim.

Conclusion

Verdict: True
The claim that reentering the U.S. after deportation is a felony is accurate. The legal framework established by 8 U.S.C. § 1326 clearly categorizes this action as a felony offense, with specified penalties that vary based on the circumstances of the deportation. The evidence from credible legal sources supports this conclusion unequivocally.

Sources

  1. 1912. 8 U.S.C. 1326 -- Reentry After Deportation (Removal)
  2. 8 U.S. Code § 1326 - Reentry of removed aliens
  3. 1912. 8 U.S.C. 1326 -- Reentry After Deportation (Removal)
  4. 8 CFR § 1212.2 - Consent to reapply for admission after ...
  5. Illegal Reentry
  6. Reentry To The U.S. After Removal (Deportation) - AllLaw
  7. Returning to the United States After Deportation: A Guide to ...
  8. Illegal Reentry into the United States: What You Need to ...

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Detailed fact-check analysis of: Paul Krugman Paul Krugman We’re All Rats Now Time to take a stand, again, against racism Paul Krugman Jun 30, 2025 Zohran Mamdani’s upset victory in New York’s Democratic primary has created panic in MAGAland. Stephen Miller, the architect of Donald Trump’s deportation policies, waxed apocalyptic: Scott Bessent, the Treasury secretary, declared that New York is about to turn into “Caracas on the Hudson.” And Sen. Tommy Tuberville of Alabama basically declared New York’s voters subhuman, saying: These inner-city rats, they live off the federal government. And that’s one reason we’re $37 trillion in debt. And it’s time we find these rats and we send them back home, that are living off the American taxpayers that are working very hard every week to pay taxes. These reactions are vile, and they’re also dishonest. Whatever these men may claim, it’s all about bigotry. Miller isn’t concerned about the state of New York “society.” What bothers him is the idea of nonwhite people having political power. Bessent isn’t really deeply worried about Zamdani’s economic ideas. But he feels free, maybe even obliged, to slander a foreign-born Muslim with language he would never use about a white Christian politician, even if that politician were (like some of his colleagues in the Trump administration) a total crackpot. And while Tuberville stands out even within his caucus as an ignorant fool, his willingness to use dehumanizing language about millions of people shows that raw racism is rapidly becoming mainstream in American politics. Remember, during the campaign both Trump and JD Vance amplified the slanders about Haitians eating pets. And now that they’re in office, you can see the resurgence of raw racism all across Trump administration policies, large and small. 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Anyway, when masked men who claim to be ICE agents but refuse to show identification are grabbing people off the streets because they think those people look illegal, does legal status even matter? Does it even matter if you’re a U.S. citizen? And the One Big Beautiful Bill Act is set to massively increase ICE’s funding — basically setting up a huge national secret police force. Now, maybe you imagine that you yourself won’t suffer from this new reign of bigotry and imagine that everyone you care about is similarly safe. But if that’s what you think, you’re likely to face a rude awakening. I personally don’t have any illusions of safety. Yes, I’m a native-born white citizen. But my wife and her family are Black, and some of my friends and relatives are foreign-born U.S. citizens. Furthermore, I’m Jewish, and anyone who knows their history realizes that whenever right-wing bigotry is on the ascendant, we’re always next in line. 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Among the hundreds of illegal aliens arrested in the raid were:

Santos Alberto Rodriguez-Jacinto of El Salvador, arrested in El Salvador in 2006 and 2011 for terroristic threats
Josefina Lopez-Martinez of Mexico, previously deported in 1998 and convicted in 2023 of willful cruelty to a child in California
Jorge Luis Anaya-Garcia of Mexico, previously arrested in California for possession with intent to sell narcotics
Jose Vasquez-Lopez of Mexico, previously deported five times from the U.S. and convicted of battery in Florida
Fabian Fernando Antonio-Martinez of Mexico, twice granted voluntary return and was arrested in February 2021 in California for felony possession of a firearm
Jesus Hernandez-Ramirez of Mexico, previously arrested for indecent exposure and granted voluntary return three times
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Christina Martinez-Modesto of Mexico, arrested for misdemeanor assault and battery of her spouse
Cinthia Paola Cardona-Mendoza of Mexico, arrested for assault with a deadly weapon
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Fact Check: On July 10, ICE agents raided two marijuana farms in Carpinteria and Camarillo in the sanctuary state of California. Agents found at least 14 migrant children at the sites, believed to have been labor trafficked, and more than 360 illegal aliens — including those convicted of rape, child molestation, and kidnapping, among other crimes. Among the hundreds of illegal aliens arrested in the raid were: Santos Alberto Rodriguez-Jacinto of El Salvador, arrested in El Salvador in 2006 and 2011 for terroristic threats Josefina Lopez-Martinez of Mexico, previously deported in 1998 and convicted in 2023 of willful cruelty to a child in California Jorge Luis Anaya-Garcia of Mexico, previously arrested in California for possession with intent to sell narcotics Jose Vasquez-Lopez of Mexico, previously deported five times from the U.S. and convicted of battery in Florida Fabian Fernando Antonio-Martinez of Mexico, twice granted voluntary return and was arrested in February 2021 in California for felony possession of a firearm Jesus Hernandez-Ramirez of Mexico, previously arrested for indecent exposure and granted voluntary return three times Miguel Mejia-Echevearia of El Salvador, arrested for hit-and-run with property damage Christina Martinez-Modesto of Mexico, arrested for misdemeanor assault and battery of her spouse Cinthia Paola Cardona-Mendoza of Mexico, arrested for assault with a deadly weapon Adriana Gonzalez-Gonzalez of Mexico, convicted three times for burglary and drunk driving

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Fact Check: Reentering the U.S. after deportation is a felony. | TruthOrFake Blog