Q: Is crossing the border without a visa a crime? I've heard some say it's "only a civil offense," while others say it's a crime. Who's right?
A. In addition to the civil consequence of deportation (now called "removal"), entering the U.S. surreptitiously is a federal crime. For first offenders it may be a misdemeanor under 8 U.S.C. Sec. 1325, with a penalty of six months imprisonment. Repeat offenders might be sentenced to 10 years or more under the illegal reentry felony provision, 8 U.S.C. Sec. 1326. Recently a federal district court judge in Austin questioned the wisdom of such prosecutions and ordered the U.S. Attorney's office to justify future cases.
Dan Kowalski will field general questions regarding immigration law and policy but is not able to answer, in this column, questions regarding individuals’ legal cases. Send questions and comments to dk@justnews.org.