What are the Federal Immigration Law Criminal Statutes?
Immigration law is a specialty and the charging of these crimes has a high political aspect. The basic crimes that can be charged are:
8 U.S. Code § 1325: This statute makes it illegal for an alien to enter or attempt to enter the United States at any time or place other than as designated by immigration officers, or to elude examination or inspection by immigration officers, or to enter or obtain entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.
8 U.S. Code § 1324: This statute criminalizes the smuggling of aliens into the United States, as well as the harboring and transportation of undocumented aliens within the United States.
8 U.S. Code § 1326: This statute makes it illegal for an alien who has been deported or removed from the United States to reenter the country without permission.
18 U.S. Code § 1546: This statute criminalizes the use of fraudulent documents or false information to obtain a visa, enter the United States, or remain in the country.
18 U.S. Code § 1028: This statute criminalizes identity theft and related activities, including the use of another person's identity to obtain a visa or enter the United States.
Oksana Tsykova handles the immigration cases for our lawyers. Oksana is fluent in Ukrainian and Russian. She is the panel advisor on immigration for the Marin County criminal conflicts panel.