Quote:
Originally Posted by TiltedDonkey
Asylum seeking isn't illegal.
Yes, but entering the U.S. can be:
Criminal Penalties for Improper Entry to the U.S.
For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both.
For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
But just in case that isn’t enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as follows:
People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.
People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.
People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.
Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.
What’s more, someone deported before a prison sentence was complete may be incarcerated for the remainder of the sentence of imprisonment, without any reduction for parole or supervised release.
(See 8 U.S.C. Section 1326, I.N.A. Section 276.)