United States Code

8 U.S.C. § 1326

Reentry of removed aliens

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Bills that would change it 49

  • S 4983 A bill to curb criminal activity by aliens, to defend against acts of international terrorism, to protect American workers from unfair la... Amends 1326(b) · introduced · 119th Congress
  • S 4501 BACK OFF Act Amends its part · introduced · 119th Congress
  • S 3790 Protect America Act Amends · introduced · 119th Congress
  • HR 3486 Stop Illegal Entry Act of 2025 Amends · introduced · 119th Congress
  • S 2547 Kate's Law Amends · introduced · 119th Congress
  • HR 4393 DIGNIDAD (Dignity) Act of 2025 Amends · introduced · 119th Congress
  • HR 3242 Punishing Illegal Immigrant Felons Act of 2025 Amends · introduced · 119th Congress
  • HR 3227 Farm Workforce Modernization Act of 2025 Amends its part · introduced · 119th Congress
  • S 293 WALL Act of 2025 Amends its part · introduced · 119th Congress
  • HR 749 Stop Illegal Reentry Act Amends · introduced · 119th Congress
  • S 271 Stop Illegal Reentry Act Amends · introduced · 119th Congress
  • HR 3599 DIGNIDAD (Dignity) Act of 2023 Amends · introduced · 118th Congress
  • HR 4319 Farm Workforce Modernization Act of 2023 Amends its part · introduced · 118th Congress
  • HR 7229 WALL Act of 2024 Amends its part · introduced · 118th Congress
  • HR 8992 Stop Fentanyl at the Border Act Amends its part · introduced · 118th Congress
  • S 4069 Affordable and Secure Food Act of 2024 Amends its part · introduced · 118th Congress
  • S 3591 Stop Fentanyl at the Border Act Amends its part · introduced · 118th Congress
  • HR 4238 Kate's Law Amends · introduced · 118th Congress
  • S 2091 Kate's Law Amends · introduced · 118th Congress
  • HR 2374 New Way Forward Act Repeals · introduced · 118th Congress
  • S 381 No Coyote Cash Act Amends its part · introduced · 118th Congress
  • S 332 WALL Act of 2023 Amends its part · introduced · 118th Congress
  • S 5282 Affordable and Secure Food Act of 2022 Amends its part · introduced · 117th Congress
  • HR 6637 DIGNIDAD (Dignity) Act Amends · introduced · 117th Congress
  • HR 7464 Anti-Caravan Act of 2022 Amends its part · introduced · 117th Congress
  • HR 3530 Illegal Immigration Penalty Enhancement Act of 2021 Amends its part · introduced · 117th Congress
  • HR 3374 Kate's Law Amends · introduced · 117th Congress
  • S 3146 WALL Act of 2021 Amends its part · introduced · 117th Congress
  • HR 1537 To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor o... Amends its part · introduced · 117th Congress
  • S 890 Kate's Law Amends · introduced · 117th Congress
  • HR 1603 Farm Workforce Modernization Act of 2021 Amends its part · introduced · 117th Congress
  • HR 536 New Way Forward Act Repeals · introduced · 117th Congress
  • HR 5383 New Way Forward Act Repeals · introduced · 116th Congress
  • HR 5038 Farm Workforce Modernization Act of 2019 Amends its part · introduced · 116th Congress
  • HR 4916 Farm Workforce Modernization Act of 2019 Amends its part · introduced · 116th Congress
  • HR 2988 Protecting American Lives Act Amends · introduced · 116th Congress
  • HR 1645 VOICES Act of 2019 Amends 1326(b) · introduced · 116th Congress
  • HR 384 Kate’s Law Amends · introduced · 116th Congress
  • S 53 WALL Act of 2019 Amends its part · introduced · 116th Congress
  • HR 4760 Securing America's Future Act of 2018 Amends · introduced · 115th Congress
  • HR 5526 VOICES Act of 2018 Amends 1326(b) · introduced · 115th Congress
  • S 2192 SECURE Act of 2017 Amends · introduced · 115th Congress
  • S 1757 Building America's Trust Act Amends · introduced · 115th Congress
  • HR 3004 Kate's Law Amends · introduced · 115th Congress
  • HR 2431 Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act Amends · introduced · 115th Congress
  • HR 361 Kate's Law Amends · introduced · 115th Congress
  • S 45 Kate's Law Amends · introduced · 115th Congress
  • HR 45 Criminal Alien Accountability Act Amends · introduced · 112th Congress
  • HR 128 Respect for the Law Act of 2009 Amends · introduced · 111th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(a) In general Subject to subsection (b), any alien who— (1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both. (b) Criminal penalties for reentry of certain removed aliens Notwithstanding subsection (a), in the case of any alien described in such subsection— (1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; (2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both; (3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.1 or (4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, 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 fined under title 18, imprisoned for not more than 10 years, or both. For the purposes of this subsection, the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. (c) Reentry of alien deported prior to completion of term of imprisonment Any alien deported pursuant to section 1252(h)(2) 2 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. (d) Limitation on collateral attack on underlying deportation order In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that— (1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.
Official text at uscode.house.gov ↗