The High Stakes of Unauthorized Entry: What You Need to Know

The prospect of building a better life draws millions to the United States every year. However, attempting to enter the country without proper documentation or inspection creates risks that far outweigh the potential benefits. Unauthorized entry is not simply a slap on the wrist. With the U.S. government implementing strict enforcement policies, the stakes for individuals caught entering the country unlawfully have never been higher.

From the legal repercussions of "Expeditious Removal" to the severe consequences of federal charges for re-entry, this blog will outline what you need to know to avoid such dangers and find a safer, legal path forward. At Familia America, we are passionate about helping individuals and families navigate the complex immigration system and achieve their dreams of living in the United States.

What Happens if You're Caught Entering Without Inspection?

Immigration authorities in the U.S., particularly under U.S. Customs and Border Protection (CBP), work with expanded enforcement powers—including a process known as "Expeditious Removal." This process allows immigration officers to deport individuals caught entering the U.S. unlawfully without requiring a judicial hearing. Effectively, a CBP officer has the authority to order immediate deportation for those lacking proper documentation or inspection.

Consequences of Expeditious Removal

• Immediate Deportation: Once caught, individuals are often returned to their home country with minimal opportunity to present a case or request asylum.
• Legal Bars to Re-entry: Expeditious Removal includes penalties that could bar you from legally entering the U.S. for multiple years, sometimes up to a decade, depending on the circumstances.
• Limited Appeals: Unlike other legal proceedings, there are limited avenues to appeal or reverse an Expeditious Removal order.

The process is designed to act swiftly, minimizing the chance to contest the order—leaving many individuals feeling powerless once detained.

Re-entering After Removal Is a Federal Crime

Think being caught once is risky? Being caught attempting to re-enter the U.S. after a previous deportation significantly heightens the stakes. Under federal law, unauthorized re-entry is considered a serious crime, and the penalties can have life-altering consequences.

Penalties for Unauthorized Re-entry

Repeat offenders or individuals who were previously deported and are apprehended again may face federal custody and criminal prosecution. The penalties for unlawful re-entry include:

• Up to Two Years in Prison for First-time Offenders: For individuals who attempt re-entry after a prior removal without aggravating factors.
• Longer Sentences for Aggravating Factors: If the individual was deported following a felony conviction, the penalties could include up to a 20-year federal prison sentence.

These severe consequences reflect the U.S. government's emphasis on using criminal charges as a deterrent. The goal? To discourage repeated border-crossing attempts by raising the cost of illegal entry to an extreme level.

Why Are Such Policies in Place?

At its core, these enforcement measures are intended to act as a deterrence—sending a strong message that entering the U.S. without following legal pathways is not a viable option. The idea is that the personal risk and potential consequences will outweigh the perceived benefits of attempting unauthorized entry or re-entry.

The Broader Impacts

However, while these policies may reduce the rates of unauthorized entry, they often have significant consequences for families and individuals caught in the crossfire. Being removed from the country can:

• Separate families, sometimes for years on end.
• Create psychological and emotional distress for both those being deported and their loved ones.
• Eliminate opportunities for children and other dependents to grow in safe and secure environments.

It’s essential to understand the human cost of such policies and seek legal avenues wherever possible to avoid falling into these harsh systems.

What Can You Do to Avoid These Risks?

The risks associated with unauthorized entry and re-entry into the U.S. are not worth it. If you or a loved one are considering entering the U.S., taking the time to secure the proper documentation and legal pathways can help not only protect your future but also support your dreams in a safe and sustainable way.

Secure a Legal Pathway

Here's how you can plan your American Dream while staying within the bounds of the law:

• Learn Your Options: Speak with a qualified immigration lawyer who can review your situation, provide advice, and recommend legal avenues to enter and remain in the U.S.
• Seek Refugee or Asylum Protection (If Applicable): For those fleeing dangerous conditions in their home countries, applying for refugee or asylum protection before attempting entry is a viable option.
• Avoid Dangerous Routes: Attempting unauthorized entry often forces individuals to take dangerous and life-threatening journeys, further compounding the risks.

How Familia America Can Help

Navigating U.S. immigration law is complex, but you don't have to face it alone. At Familia America, we are experts in guiding individuals and families through the legal immigration process in both San Jose, California, and Salt Lake City, Utah. Whether you need help understanding your options or support fighting back against a current removal order, our experienced team is ready to assist.

With our help, you can take the stress out of your immigration experience and work toward achieving your goals in a way that protects your rights. Don't risk your future—secure your path legally and with confidence.

Build Your Future the Right Way

While the stakes of unauthorized entry into the U.S. are higher than ever, the risks are completely avoidable. By seeking legal entry and avoiding the dangers of Expeditious Removal and federal penalties, you can ensure a safer, more secure path forward for yourself and your family.

At Familia America, we're here to help guide you every step of the way. Together, we can turn your dreams of a brighter future into a reality.