U.S. law treats unauthorized presence and entry as violations under Title 8 of the U.S. Code, primarily 8 U.S.C. § 1325 (illegal entry, a misdemeanor) and § 1326 (illegal re-entry after deportation, a felony with harsher penalties, especially after prior convictions). Key provisions criminalize unlawful entry between ports of entry, making false statements, and re-entry after removal, while other laws address harboring, smuggling, and employment of unauthorized aliens, with enforcement by agencies like DHS,
ICE, and CBP.
Enforcement & Consequences
Agencies: DHS (including ICE & CBP) enforce these laws.
Removal Proceedings:
Individuals without legal status face removal, potentially through expedited removal.