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CITE

    8 USC Sec. 1325                                             01/05/2009

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.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.