During an interview with Bill O'Reilly on August 6th regarding the off-duty border patrol agent who was murdered by two illegal aliens, and much to O'Reilly's astonishment, Lou Dobbs reported that an illegal RE-entry by an illegal alien is a criminal offense. Mr. Dobbs actually cited Section 1325 of the US immigration law to support his claim
It's always a source of elation for me when the heavily opinionated chatter on the various "news" channels is sometimes interrupted by actual facts and a little education. And for that, I am especially grateful to Mr. Dobbs.
Being an 'ole immigration worker in my pre-retirement life, I knew Mr. Dobbs was correct, but, for my own benefit and knowing how immigration law is nearly always in flux, I decided to double-check the accuracy of his report. So, in a nutshell, and for those of you who care, these cites:
--Under INA Sec 212(a)(9)(C), a person who was removed from the US and then tries to enter without going through the required admission procedures will be permanently barred from any future entry into the US.
--Title 8 Section 1325 of the US Code renders illegal entry a misdemeanor carrying with it imprisonment for 6 months for the first offense, and a felony and 2 years in prison for the second offense. In short, any alien who (1) enters or attempts to enter at any time or place other than as designated by immigration officials, OR (2) eludes examination or inspection by immigration officers, OR (3) attempts to enter or obtains entry by a willfully false or misleading representation or the willful concealment of a material fact shall, for the first offense, be fined ($50-$250) or imprisoned for not more than 6 months, or both, and, for a subsequent commission of any such offense (illegal re-rentry), be fined or imprisoned for not more than 2 years.
I'll bet dollars to donuts this law is very rarely enforced and, for the most part, utterly ignored by the Adminstration and their open-borders lackeys and supporters.
Just so there's no wiggle room on how one might interpret the meaning of this section of the law, illegal re-entry means one of the following has occurred: alien was (1) denied admission to the US, (2) excluded from the US, (3) deported from the US, (4) removed from the US, or (5) departed the US while an order of exclusion, deportation or removal was outstanding.
With particular respect to the two illegals who murdered the off-duty border patrol agent earlier this week, aliens re-entering or found in the US without government approval, after a criminal conviction for an aggravated felony--which will surely apply in this case--the maximum term of imprisonment is 20 years and a permanent bar from any future entry into the US.
(Note: if an alien illegally re-enters, after a criminal felony conviction for a non-aggravated felony, or after 3 or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject to a fine or imprisonment for up to 10 years, or both.)
Again, thank you, Mr. Dobbs. The education, a rare treat offered up by "news" shows these days, was sincerely appreciated.