{"id":3255,"date":"2010-05-19T21:32:06","date_gmt":"2010-05-20T02:32:06","guid":{"rendered":"http:\/\/thedustininmansociety.com\/blog\/?p=3255"},"modified":"2010-05-19T21:32:58","modified_gmt":"2010-05-20T02:32:58","slug":"oh-boy-this-cant-be-good-title-8-aliens-and-nationality-chapter-12-immigration-and-nationality","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2010\/05\/19\/oh-boy-this-cant-be-good-title-8-aliens-and-nationality-chapter-12-immigration-and-nationality\/","title":{"rendered":"Oh boy, this can’t be good – TITLE 8 – ALIENS AND NATIONALITY CHAPTER 12 – IMMIGRATION AND NATIONALITY"},"content":{"rendered":"

8 USC Sec. 1325 <\/a> <\/strong> <\/p>\n

TITLE 8 – ALIENS AND NATIONALITY CHAPTER 12 – IMMIGRATION AND NATIONALITY
\n SUBCHAPTER II – IMMIGRATION<\/p>\n

Part VIII – General Penalty Provisions<\/p>\n

Sec. 1325. Improper entry by alien<\/strong>
\nSTATUTE<\/p>\n

(a) Improper time or place; avoidance of examination or inspection;
\n misrepresentation and concealment of facts
\n Any alien who (1) enters or attempts to enter the United States
\n at any time or place other than as designated by immigration
\n officers, or (2) eludes examination or inspection by immigration
\n officers, or (3) attempts to enter or obtains entry to the United
\n States by a willfully false or misleading representation or the
\n willful concealment of a material fact, shall, for the first
\n commission of any such offense, be fined under title 18 or
\n imprisoned not more than 6 months, or both, and, for a subsequent
\n commission of any such offense, be fined under title 18, or
\n imprisoned not more than 2 years, or both.
\n (b) Improper time or place; civil penalties
\n Any alien who is apprehended while entering (or attempting to
\n enter) the United States at a time or place other than as
\n designated by immigration officers shall be subject to a civil
\n penalty of –
\n (1) at least $50 and not more than $250 for each such entry (or
\n attempted entry); or
\n (2) twice the amount specified in paragraph (1) in the case of
\n an alien who has been previously subject to a civil penalty under
\n this subsection.
\n Civil penalties under this subsection are in addition to, and not
\n in lieu of, any criminal or other civil penalties that may be
\n imposed.<\/strong> (c) Marriage fraud
\n Any individual who knowingly enters into a marriage for the
\n purpose of evading any provision of the immigration laws shall be
\n imprisoned for not more than 5 years, or fined not more than
\n $250,000, or both.
\n (d) Immigration-related entrepreneurship fraud
\n Any individual who knowingly establishes a commercial enterprise
\n for the purpose of evading any provision of the immigration laws
\n shall be imprisoned for not more than 5 years, fined in accordance
\n with title 18, or both.<\/p>\n

SOURCE<\/p>\n

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 275, 66 Stat. 229;
\n Pub. L. 99-639, Sec. 2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L.
\n 101-649, title I, Sec. 121(b)(3), title V, Sec. 543(b)(2), Nov. 29,
\n 1990, 104 Stat. 4994, 5059; Pub. L. 102-232, title III, Sec.
\n 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104-208, div. C,
\n title I, Sec. 105(a), Sept. 30, 1996, 110 Stat. 3009-556.)<\/p>\n

AMENDMENTS<\/p>\n

1996 – Subsecs. (b) to (d). Pub. L. 104-208 added subsec. (b) and
\n redesignated former subsecs. (b) and (c) as (c) and (d),
\n respectively.
\n 1991 – Subsec. (a). Pub. L. 102-232 substituted “fined under
\n title 18” for “fined not more than $2,000 (or, if greater, the
\n amount provided under title 18)”.
\n 1990 – Subsec. (a). Pub. L. 101-649, Sec. 543(b)(2), inserted “or
\n attempts to enter” after “(1) enters” and “attempts to enter or”
\n after “or (3)”, and substituted “shall, for the first commission of
\n any such offense, be fined not more than $2,000 (or, if greater,
\n the amount provided under title 18) or imprisoned not more than 6
\n months, or both, and, for a subsequent commission of any such
\n offense, be fined under title 18, or imprisoned not more than 2
\n years” for “shall, for the first commission of any such offenses,
\n be guilty of a misdemeanor and upon conviction thereof be punished
\n by imprisonment for not more than six months, or by a fine of not
\n more than $500, or by both, and for a subsequent commission of any
\n such offenses shall be guilty of a felony and upon conviction
\n thereof shall be punished by imprisonment for not more than two
\n years, or by a fine of not more than $1,000”.
\n Subsec. (c). Pub. L. 101-649, Sec. 121(b)(3), added subsec. (c).
\n 1986 – Pub. L. 99-639 designated existing provisions as subsec.
\n (a) and added subsec. (b).
\n EFFECTIVE DATE OF 1996 AMENDMENT
\n Section 105(b) of div. C of Pub. L. 104-208 provided that: “The
\n amendments made by subsection (a) [amending this section] shall
\n apply to illegal entries or attempts to enter occurring on or after
\n the first day of the sixth month beginning after the date of the
\n enactment of this Act [Sept. 30, 1996].”
\n EFFECTIVE DATE OF 1991 AMENDMENT
\n Amendment by Pub. L. 102-232 effective as if included in the
\n enactment of the Immigration Act of 1990, Pub. L. 101-649, see
\n section 310(1) of Pub. L. 102-232, set out as a note under section
\n 1101 of this title.
\n EFFECTIVE DATE OF 1990 AMENDMENT
\n Amendment by section 121(b)(3) of Pub. L. 101-649 effective Oct.
\n 1, 1991, and applicable beginning with fiscal year 1992, see
\n section 161(a) of Pub. L. 101-649, set out as a note under section
\n 1101 of this title.
\n Amendment by section 543(b)(2) of Pub. L. 101-649 applicable to
\n actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
\n 101-649, set out as a note under section 1221 of this title.<\/p>\n","protected":false},"excerpt":{"rendered":"

8 USC Sec. 1325 TITLE 8 – ALIENS AND NATIONALITY CHAPTER 12 – IMMIGRATION AND NATIONALITY SUBCHAPTER II – IMMIGRATION Part VIII – General Penalty Provisions 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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/3255"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=3255"}],"version-history":[{"count":0,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/3255\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=3255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=3255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=3255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}