8 U.S.C. § 1325 | Improper entry by alien

(a)

Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b)

Improper time or place; civil penalties

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—

(1)

at least $50 and not more than $250 for each such entry (or attempted entry); or

(2)

twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(c)

Marriage fraud

Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d)

Immigration-related entrepreneurship fraud

Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

June 27, 1952, ch. 477 66 Stat. 229 Pub. L. 99–639, § 2(d)Nov. 10, 1986100 Stat. 3542 Pub. L. 101–649, title I, § 121(b)(3)Nov. 29, 1990104 Stat. 4994 Pub. L. 102–232, title III, § 306(c)(3)Dec. 12, 1991105 Stat. 1752 Pub. L. 104–208, div. C, title I, § 105(a)Sept. 30, 1996110 Stat. 3009–556(, title II, ch. 8, § 275, ; , , ; , title V, § 543(b)(2), , , 5059; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 104–2081996—Subsecs. (b) to (d). added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Pub. L. 102–2321991—Subsec. (a). substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”.

Pub. L. 101–649, § 543(b)(2)1990—Subsec. (a). , inserted “or attempts to enter” after “(1) enters” and “attempts to enter or” after “or (3)”, and substituted “shall, for the first commission of any such offense, be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years” for “shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than $1,000”.

Pub. L. 101–649, § 121(b)(3)Subsec. (c). , added subsec. (c).

Pub. L. 99–6391986— designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208, div. C, title I, § 105(b)Sept. 30, 1996110 Stat. 3009–556

Sept. 30, 1996“The amendments made by subsection (a) [amending this section] shall apply to illegal entries or attempts to enter occurring on or after the first day of the sixth month beginning after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1991 Amendment

Pub. L. 102–232 Pub. L. 101–649 section 310(1) of Pub. L. 102–232 section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .

Effective Date of 1990 Amendment

section 121(b)(3) of Pub. L. 101–649Oct. 1, 1991section 161(a) of Pub. L. 101–649 section 1101 of this titleAmendment by effective , and applicable beginning with fiscal year 1992, see , set out as a note under .

section 543(b)(2) of Pub. L. 101–649Nov. 29, 1990section 543(c) of Pub. L. 101–649 section 1221 of this titleAmendment by applicable to actions taken after , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

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