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Index/Topics/Noncitizen removal and reentry

Noncitizen removal and reentry

Noncitizens being removed and prosecuted for illegal reentry under 8 U.S.C. §1326

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Jan 25, 2026
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What are the differences between 8 U.S.C. §1325 (illegal entry) and §1326 (illegal reentry)?

Section 1325 criminalizes an initial unlawful entry into the —generally a misdemeanor punishable by up to six months in jail—while Section 1326 criminalizes unlawful reentry after a prior removal or d...

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