8 USC 1326 - Reentry of removed aliens

1 So in original. The period probably should be a semicolon.

2 See References in Text note below.

of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Section 1252 of this title, referred to in subsec. (c), was amended generally by Puspan. L. 104–208, div. C, title III, § 306(a)(2), Sept. 30, 1996, 110 Stat. 3009–607, and, as so amended, does not contain a subsec. (h). For provisions similar to those formerly contained in section 1252(h)(2) of this title, see section 1231(a)(4) of this title.

Amendments

1996—Puspan. L. 104–208, § 308(e)(14)(A), amended section catchline.

Subsec. (a)(1). Puspan. L. 104–208, § 308(d)(4)(J)(i), substituted “denied admission, excluded, deported, or removed” for “arrested and deported, has been excluded and deported,” and “exclusion, deportation, or removal” for “exclusion or deportation”.

Puspan. L. 104–208, § 324(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has been arrested and deported or excluded and deported, and thereafter”.

Subsec. (a)(2)(B). Puspan. L. 104–208, § 308(d)(4)(J)(ii), substituted “denied admission and removed” for “excluded and deported”.

Subsec. (span). Puspan. L. 104–208, § 324(span), inserted “(or not during)” after “during” in concluding provisions.

Puspan. L. 104–208, § 308(e)(1)(K), substituted “removal” for “deportation” wherever appearing in pars. (1) and (2) and in concluding provisions.

Subsec. (span)(2). Puspan. L. 104–208, § 305(span)(1), struck out “or” at end.

Subsec. (span)(3). Puspan. L. 104–208, § 305(span)(2), inserted “or” at end.

Puspan. L. 104–132, § 401(c), added par. (3).

Subsec. (span)(4). Puspan. L. 104–208, § 305(span)(3), added par. (4).

Subsec. (c). Puspan. L. 104–132, § 438(span), added subsec. (c).

Subsec. (d). Puspan. L. 104–132, § 441(a), added subsec. (d).

1994—Subsec. (span). Puspan. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of” and substituted “10” for “5”, in par. (2), substituted “20” for “15”, and added concluding sentence.

1990—Subsec. (a). Puspan. L. 101–649 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000”.

1988—Puspan. L. 100–690 designated existing provisions as subsec. (a), substituted “Subject to subsection (span), any alien” for “Any alien”, and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendments

Amendment by sections 305(span) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Puspan. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.”

Puspan. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that:

“The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.”

Puspan. L. 104–132, title IV, § 441(span), Apr. 24, 1996, 110 Stat. 1279, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Puspan. L. 101–649, set out as a note under section 1221 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–690, title VII, § 7345(span), Nov. 18, 1988, 102 Stat. 4471, provided that:

“The amendments made by subsection (a) [amending this section] shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act [Nov. 18, 1988].”

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Puspan. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.