CITE

    8 USC Sec. 1325                                             01/03/2007

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY

    CHAPTER 12 - IMMIGRATION AND NATIONALITY

    SUBCHAPTER II - IMMIGRATION

    Part VIII - General Penalty Provisions

HEAD

    Sec. 1325. Improper entry by alien

STATUTE

    (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.

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 275, 66 Stat. 229;

    Pub. L. 99-639, Sec. 2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L.

    101-649, title I, Sec. 121(b)(3), title V, Sec. 543(b)(2), Nov. 29,

    1990, 104 Stat. 4994, 5059; Pub. L. 102-232, title III, Sec.

    306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104-208, div. C,

    title I, Sec. 105(a), Sept. 30, 1996, 110 Stat. 3009-556.)

AMENDMENTS

      1996 - Subsecs. (b) to (d). Pub. L. 104-208 added subsec. (b) and

    redesignated former subsecs. (b) and (c) as (c) and (d),

    respectively.

      1991 - Subsec. (a). Pub. L. 102-232 substituted "fined under

    title 18" for "fined not more than $2,000 (or, if greater, the

    amount provided under title 18)".

      1990 - Subsec. (a). Pub. L. 101-649, Sec. 543(b)(2), 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".

      Subsec. (c). Pub. L. 101-649, Sec. 121(b)(3), added subsec. (c).

      1986 - Pub. L. 99-639 designated existing provisions as subsec.

    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT

      Section 105(b) of div. C of Pub. L. 104-208 provided that: "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 [Sept. 30, 1996]."

                     EFFECTIVE DATE OF 1991 AMENDMENT

      Amendment by Pub. L. 102-232 effective as if included in the

    enactment of the Immigration Act of 1990, Pub. L. 101-649, see

    section 310(1) of Pub. L. 102-232, set out as a note under section

    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT

      Amendment by section 121(b)(3) of Pub. L. 101-649 effective Oct.

    1, 1991, and applicable beginning with fiscal year 1992, see

    section 161(a) of Pub. L. 101-649, set out as a note under section

    1101 of this title.

      Amendment by section 543(b)(2) of Pub. L. 101-649 applicable to

    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.

    101-649, set out as a note under section 1221 of this title.