Illegal entry and Illegal reentry
Congress has proscribed three misdemeanor illegal entry offenses. Illegal entry may occur
- whom the government previously deported
- that has reentered, or that the government has found in, the United States
- without permission of the Attorney General.
- "at any time or place other than as designated by immigration officers,"
- by an alien who "eludes examination or inspection by immigration officers," or
- by an alien who obtains entry by making "a willfully false or misleading representation or the willful concealment of a material fact."
Felony illegal entry requires proof of alienage, proof of one of the three modes of entry listed above, and proof of a previous conviction for illegal entry. To prove a prior conviction for illegal entry, the government will usually, but is not required to, introduce into evidence a certified copy of the conviction.
To obtain a conviction for reentry after deportation, in violation of 8 U.S.C. §1326, the government must prove the individual is an alien