Federal law provides that it is unlawful for any alien who has been denied admission, deported, or removed from the country to enter or attempt to enter the United States. The government is generally not required to show that the alien knew re-entry was against the law. It is normally enough for a conviction to show that the alien simply re-entered the country voluntarily. The exception to this law is if the Attorney General expressly consented to the alien's reapplication for admission, or if the alien was not required to obtain advanced consent. A conviction may result in a sentence of up to two years in prison and a fine.

The sentence imposed may increase based upon the person's past record. For instance, an alien who was convicted of a felony or three or more misdemeanors involving drugs or violence which was subsequent to his removal may be sentenced up to 10 years. If the removal was subsequent to a conviction for an aggravated felony, a sentence of 20 years may be imposed. An alien who was removed on grounds relating to terroristic activities and then re-enters faces a possible 10 year sentence. If the alien was removed after being convicted of certain nonviolent offenses and then returns prior to completing the sentence, he may receive a sentence of up to 10 years.

Transporting, harboring, or encouraging an illegal alien to remain in the country are also crimes. It is illegal for a person to know or recklessly disregard the fact that an alien has entered or remains in the United States illegally, and to transport or attempt to transport the alien within the country. It is also illegal for a person to have this knowledge and to conceal, harbor, or shield an alien from detection in any place such as a building or by means of transportation. Encouraging or inducing an alien to come to, enter, or reside in the United States is also a crime when the person knows or recklessly disregards the fact that entry is illegal.

Generally, a violation of these laws may result in a sentence of up to 5 years. If any of these offenses were done for financial gain, a defendant may be sentenced to 10 years and receive a fine. The sentence increases to a possible 20 years and a fine if serious bodily injury was caused, or the life of any person was placed in jeopardy.

Business owners are also subject to immigration laws. Generally, anyone who knowingly hires 10 or more aliens may receive a 5 year sentence and a fine. Businesses are subject to many other immigration laws as well.

A conviction under these laws could also result in the civil forfeiture of property. Any property such as a vessel, vehicle, or aircraft that was used to violate one of these laws may be seized and forfeited. In addition, any proceeds and any property that can be traced to the violations may be seized and forfeited.

In defending allegations of an immigration violation, an experienced criminal defense attorney is invaluable. Our firm has successfully represented several individuals and businesses in federal immigration prosecutions and investigations. If you are involved in such an investigation, we may be able to help.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.