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

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

What We Know

The claim that reentering the U.S. after deportation is a felony offense is supported by U.S. law. Specifically, 8 U.S.C. § 1326 outlines the legal ramifications for individuals who attempt to reenter the United States after being deported. According to this statute, any alien who has been deported and subsequently enters, attempts to enter, or is found in the U.S. without the Attorney General's consent is committing an offense. The basic penalties include a fine and imprisonment for up to two years. However, if the deportation followed a conviction for certain crimes, the penalties can be significantly harsher, with maximum sentences of up to 10 or even 20 years for aggravated felonies (source-1, source-2).

Analysis

The legal framework established by 8 U.S.C. § 1326 clearly defines reentry after deportation as a criminal offense, which can be classified as a felony under certain circumstances. The law specifies that the maximum penalty for reentry can escalate based on the individual's prior criminal history, particularly if the deportation was due to serious offenses. For instance, if the deportation was a result of an aggravated felony conviction, the maximum imprisonment can extend to 20 years (source-1, source-2).

The reliability of these sources is high, as they are derived from official legal texts and government resources. The U.S. Code and the Department of Justice's Criminal Resource Manual are authoritative documents that provide a clear and comprehensive understanding of immigration law. Additionally, legal analyses from reputable legal websites, such as AllLaw and FindLaw, corroborate the interpretation of these laws, further supporting the claim that reentering the U.S. after deportation is indeed a felony offense (source-6, source-8).

Conclusion

The claim that "reentering the U.S. after deportation is a felony offense" is True. The legal statutes clearly define the act of reentry after deportation as a criminal offense, with varying degrees of severity based on the individual's criminal history. The evidence from legal texts and analyses confirms that this act can lead to significant penalties, including felony charges.

Sources

1. 1912. 8 U.S.C. 1326 -- Reentry After Deportation (Removal)
2. 8 U.S. Code § 1326 - Reentry of removed aliens
3. Illegal Reentry
4. 8 CFR § 1212.2 - Consent to reapply for admission after ...
5. 1911. 8 U.S.C. 1325 -- Unlawful Entry, Failure To Depart, ...
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 U.S. After Removal or Deportation