Criminal & Civil Penalties for Illegal Entry into the United States

What is illegal entry?

An illegal entry is an entry, which is not authorized by law, into the United States.  Entering the United States outside of a designated port of entry, or at a time other than the designated time for that port of entry, or without inspection, constitutes illegal entry.

What are the criminal penalties for illegal entry?

Immigration and Nationality Act prescribes criminal penalties for those who (a) enter, or attempt to enter, the United States at a place other than a port of entry or at a time other than a designated time, (b) elude inspection, or (c) attempt to enter, or obtain entry, by willfully misrepresenting or concealing material facts.

For the first offense, the prescribed criminal penalties are imprisonment of up to six (6) months, a fine of no more than $5,000, or both. For subsequent offenses, the penalties are imprisonment of up to two (2) years, a fine of no more than $250,000, or both.

These criminal penalties apply to all people, including citizens, people holding immigrant or nonimmigrant visas, and undocumented immigrants.

What are the civil penalties for illegal entry?

Immigration and Nationality Act prescribes civil penalties for those who are arrested while entering, or attempting to enter, the United States at a place other than a port of entry or at a time other than a designated time. The prescribed civil penalty is at least $50 and no more than $250 for the first offense, and at least $100 and no more than $500 for subsequent offenses.

These civil penalties apply to all people, including citizens, people holding immigrant or nonimmigrant visas, and undocumented immigrants.

Related Topics:

Immigration Consequences of Illegal Entry

Consequences of Overstaying in the United States

Application for Provisional Unlawful Presence Waiver

Application for Waiver of Grounds of Inadmissibility