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