Federal criminal charges for Illegal Re-Entry to the United States

Federal immigration law includes specific criminal offenses for entering or re-entering the United States without authorization. These laws are enforced by federal prosecutors and carry serious consequences, including prison time, fines, and long-term impacts on immigration status.

Key Federal Statutes

Two primary provisions of U.S. law govern unlawful entry and re-entry:

🔹 8 U.S.C. § 1325 — Improper Entry by an Alien
This statute makes it a federal crime for an alien to unlawfully enter the U.S. by avoiding inspection, entering at an unauthorized place/time, or making false statements to gain entry. First offenses are typically misdemeanors punishable by up to 6 months in prison, while subsequent offenses can become felonies with sentences up to 2 years.

🔹 8 U.S.C. § 1326 — Re-Entry of Removed Aliens
This is the main federal criminal offense for someone who was previously deported, removed, or denied admission and then enters, attempts to enter, or is found in the U.S. without authorization.

Elements of the Offense Under 8 U.S.C. § 1326

To prove illegal re-entry, the government generally must demonstrate:

1. Prior Removal — The defendant was previously denied admission, excluded, deported, or removed from the U.S. under an order of removal.
2. Unauthorized Presence/Entry — The defendant entered, attempted to enter, or was found in the United States without proper authority.
3. Lack of Permission — The defendant did not have prior approval from the U.S. Attorney General (or successor DHS Secretary) to reapply for admission.
4. Intent — Re-entry must have been intentional; mere unlawful presence alone isn’t sufficient.

Importantly, the term “found in the United States” means a person can be charged even if they have been present for some time — as long as they weren’t previously known to authorities.

Sentencing Ranges & Enhancements

The maximum prison term under § 1326 varies based on a defendant’s criminal history:

📌 Basic Unauthorized Re-Entry:

• Up to 2 years in federal prison. (Subsection (a))

📌 Enhanced Penalties:

• If the defendant was previously removed following certain criminal convictions (e.g., non-aggravated felonies or multiple qualifying misdemeanors), the maximum increases to 10 years. (Subsection (b)(1))
• If the prior removal was after an aggravated felony conviction, the statutory maximum can be 20 years. (Subsection (b)(2))

⚖️ Sentencing Guidelines:
Beyond the statutory maximums, federal sentencing also considers guidelines under the U.S. Sentencing Commission (USSG § 2L1.2). These guidelines assign offense levels based on prior convictions and other specific offense characteristics, which result in a recommended sentencing range under the federal guidelines.

Example Guideline Factors:

• Prior illegal re-entry convictions
• Prior felony convictions before deportation
• Multiple prior misdemeanor offenses
  These can increase the offense level and therefore increase the guideline range for imprisonment.

According to recent USSC data, the average sentence imposed in illegal re-entry cases was about a year + under advisory guidelines, with a sizeable percentage receiving prison terms within guideline ranges.

Why Accurate Legal Representation Matters

Charges under 8 U.S.C. § 1326 are often resolved through plea negotiations, but these deals can still carry significant prison terms. Because sentencing considerations include criminal history and guideline enhancements, having an attorney who can:

• challenge the factual basis of removal or re-entry allegations,
• contest procedural or constitutional errors, and
• advocate for reduced or alternative outcomes

can make a critical difference in the outcome of a case.

Why Matthew Galluzzo Is a Strong Choice for Federal Defense in NY & CT

If you or a loved one faces federal illegal re-entry charges — especially in New York or Connecticut federal courts — selecting an experienced federal defense attorney is crucial. Here’s why Matthew Galluzzo stands out:

1. Deep Criminal Litigation Experience

Matthew Galluzzo is an accomplished criminal defense attorney who has handled a wide range of serious federal and state charges, including complex federal investigations. He has represented clients in high-stakes matters and achieved notable results, and has defended numerous individuals charged in federal court with illegal re-entry.

2. Federal Court Admissions & Local Experience

He is admitted to practice in several federal courts, including the Southern and Eastern Districts of New York and the District of Connecticut.

3. Former Prosecutorial Insight

Galluzzo began his career as a prosecutor in the Manhattan District Attorney’s Office, giving him valuable insight into how prosecutors build and present criminal cases. Understanding prosecution strategy is a strategic advantage when crafting defense strategies.

4. Reputation for Advocacy & Client Care

He has earned high ratings from clients and peers and has been recognized by organizations like Super Lawyers and through international honors from foreign governments for his defense work. He also speaks fluent French and regularly represents clients from francophone nations.

5. Proven Trial & Negotiation Skills

Galluzzo has a track record of defending clients in federal matters and negotiating favorable resolutions when appropriate, while also being prepared to go to trial when needed.

Final Takeaway

Federal illegal re-entry charges under 8 U.S.C. § 1326 are serious criminal offenses with significant legal and personal consequences. Understanding the statutory elements, potential sentencing exposure, and how federal prosecutors approach these cases is essential for anyone facing charges.

If you are confronting such allegations in federal court — especially in New York or Connecticut — knowledgeable legal counsel like Matthew Galluzzo can provide strategic defense, procedural advocacy, and focused representation to protect your rights and pursue the best possible outcome.