8 USC 1325: Improper entry by alien."

1. What the statute says in plain terms

Section 1325 makes it an offense for "any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers" and for related conduct such as avoidance of inspection, misrepresentation, or concealment of facts; the statutory text is codified in Title 8 and is available on government sources ^[1]. Subsection (b) separately authorizes civil penalties for being apprehended while entering or attempting to enter at an improper time or place, and those civil penalties are explicitly stated to be in addition to other criminal or civil sanctions ^{[6] [7]}.

2. Criminal and civil penalties spelled out

Criminal prosecutions under §1325 can lead to misdemeanor convictions for improper entry with penalties that have included fines and imprisonment—guidance and practice documents from DOJ and federal sentencing authorities note first-offense incarceration up to six months and increased penalties for repeat violations, with some sources describing repeat or aggravated circumstances elevating exposure to longer terms ^{[2] [4] [8]}. The statute’s civil-penalty subsection sets monetary fines for improper-time-or-place entries; conservative recitations of the text and practice guides list civil penalty ranges (for example, a statutory framework showing minimum and maximum fines and doubling for repeat civil-penalty subjects), and several legal reference sites reproduce those amounts ^{[3] [9]}.

3. Marriage fraud and other special provisions

A lesser-known part of §1325 (added by later amendments) makes entering into marriage to evade immigration laws a separate crime—marriage-fraud provisions can carry severe penalties, including up to five years’ imprisonment and large fines under related statutes as explained in DOJ guidance and statutory cross-references ^{[10] [2]}. The section also links to other criminal immigration provisions—prosecutors may charge entry-related crimes under §§1325 and 1326 depending on prior removals or other facts, creating a spectrum of immigration-related criminal exposure ^{[4] [11]}.

4. How the law is used and why it is controversial

Federal use of §1325 has surged in recent years and, combined with prosecutions under §1326, became among the most prosecuted federal offenses, a trend documented by immigration-research organizations and DOJ reporting; advocates argue this criminalization brought increased family separations and mass prosecutions, while the government frames prosecutions as law enforcement of borders ^{[11] [4]}. Advocacy groups and legal observers also trace the statute’s enforcement to discriminatory practices and broader systemic harms, arguing prosecutions amplify racial and ethnic disparities in the immigration and criminal justice systems ^[5].

5. Legal and policy alternatives and limits of available reporting

Scholars and policy analysts note that even if §1325 prosecutions were curtailed, unauthorized entry would remain a civil immigration violation under 8 U.S.C. §1182(a) with deportation as the principal civil remedy—meaning repeal would shift enforcement from criminal to civil processes rather than remove immigration consequences ^[4]. Reporting and source material document penalties, historical use, and critiques, but this analysis does not attempt to predict prosecutorial choices or account for every jurisdictional practice; the sources provide statutory text, DOJ guidance, and advocacy perspectives but not exhaustive case-level outcomes ^{[1] [2] [5]}.

6. Bottom line for understanding §1325

Section 1325 is a statutory nexus where civil and criminal immigration rules intersect: it criminalizes certain modes of unauthorized entry, authorizes civil fines for improper time/place entries, and contains marriage-fraud provisions—its enforcement has real penalties and policy consequences and remains a focal point of debate about immigration enforcement and reform ^{[1] [6] [10]}.