Diaz Law Firm

Illegal Reentry Defense Attorney

Have you been Charged with Illegal Reentry in Texas?

Were you previously removed or deported from the United States, or were denied entry and then later found by law enforcement to have been residing within its borders?

The return to the United States after removal or deportation, absent of approval from the government, is known as “illegal reentry”

Illegal reentry is considered a serious federal crime carrying a felony charge. If you or a loved one have been charged or arrested for illegal reentry, you need an illegal reentry defense attorney with a documented track record of success and extensive knowledge of navigating complex federal immigration law.

At Manuel Diaz Law Firm, PC, our top-rated immigration crime lawyers have helped hundreds of clients throughout Texas successfully defend themselves against charges.

How is Illegal Reentry Determined in Texas?

In most cases, when an individual who is not a citizen of the United States has been deported, they are prohibited from returning and reentering the country at any point in the future.

Those Who Are Found in the USA After Experiencing the Following are in Violation:

  • Removed from the United States by a governmental agency or authority
  • Excluded from the USA
  • Denied admission to the United States
  • Deported from the USA with an order of deportation, removal or exclusion outstanding

Under the Federal Immigration and Nationality Act, illegal reentry is classified as a federal crime punishable by consequences ranging from large monetary fines to imprisonment.

These cases are challenging to defend given that the government is often able to readily and easily provide proof of prior deportation in your file. However, the American government does carry a heavy burden of proof to assert and validate their allegations against you, and you have the right to demand a trial in such situations where you may benefit by doing so.

Because of this, it is imperative that you hire a law firm with defense attorneys who possess a deep understanding of the federal criminal system and courts, as well as strategies best suited to combat such allegations or charges.

Call today for a free initial consultation to discuss your case and to learn more about why so many immigrants trust our firm to fight their case, clear their name and provide them with the respect and dignity they deserve.


What are the Penalties for Illegal Reentry in Texas?

In Texas, and across the USA, the penalties prescribed for illegal reentry are largely determined by the initial reason for removal or deportation prior to the illegal return.

In certain cases, the US Government may immediately seek to re-instate any prior orders of removal and the individual charged may be subject to immediate deportation without a hearing.

In Sentencing Cases, Penalties May Include:

  • A fine and up to 2 years in prison for reentry to the USA after having been granted voluntary departure, ordered for deportation or having a previously unlawful presence in the United States.
  • A fine and up to 10 years in prison for reentry following a previous deportation for committing three or more crimes of misdemeanor that involve crimes against a person, drugs, or a felony that is not an aggravated felony.
  • Fine and up to 20 years in prison for reentry following deportation for an aggravated felony

Aggravated Felony: An offense that is in violation of Texas State or Federal law which carries a maximum term of imprisonment of greater than one year. This is an important clarification, because those who have not been convicted of an aggravated felony may apply for “Discretionary Cancellation” of their removal or deportation order.

Following any criminal penalties imposed (such as jail time), the offender will be deported and with a permanent ban/bar placed on their record for any future admission. This bar includes obtaining a visa, for which special permission would be required.

Contact our firm today and speak with an illegal reentry defense attorney who can help you understand the complexities of immigration laws, your rights, and best avenues of defending or tackling your case.

How Serious is the US Government About Prosecuting Illegal Reentry Cases?

Very. The US Government under the last two administrations has taken an aggressive stance towards both deportation and prosecution of offenders, with those in violation of immigration offenses spending an average of 19 months in jail.

In Texas, and throughout the USA, the Immigrations and customs Enforcement (ICE) agency has taken the lead in such cases, taking what many consider an overreaching and heavy-handed approach.

In 2019 Alone, ICE:

  • Arrested over 143,000 aliens
  • Removed/deported over 267,000 non-US citizens

Can Legal Permanent Residents be Forcibly Removed and Then Charged with Illegal Reentry?

Under the Immigration and Nationality Act (INA) lawful permanent residents may be legally removed from the country for a wide range of reasons. In such cases, if that individual reenters the USA without prior written permission from the US Attorney General, they may be charged with illegal reentry.

Some of the Most Common Reasons for Lawful Removal Include:

  • Being a drug addict or abuser
  • Having served or attempted to serve on a state or federal jury
  • Charged for an aggravated felony for immigration purposes
  • Been previously removed from the USA by authorities
  • Committing a crime at a Port of Entry
  • Having a mental disorder or exhibiting behavior that may be deemed as a threat to the safety of one’s self or others
  • Having registered, voted or attempted to register for voting
  • Having been a previously removed alien
  • Been involved in a crime of moral turpitude
  • Involved in terrorism, money laundering, prostitution or polygamy

Additional Illegal Reentry Resources in TX

Immigration and Nationality Act
This Act deals with immigration issues across the USA, detailing various penalties associated with immigration crime including that of illegal reentry into the United States.

Reentry of Removed Aliens | 8 U.S. Code 1326
This U.S Code establishes the law for reentry of removed aliens in the United States. The code features what is considered illegal reentry, penalties and limitations. 

Attorney for Illegal Reentry in TX

For many, illegal reentry may seem like the only viable option to be reunited with family. This is often the care for those who have been forcibly separated from as a result of deportation.

However, risking illegal reentry comes with serious consequences including fines and imprisonment.

Defending illegal reentry charges is a complex endeavor in Texas. By choosing Manuel Diaz Law Firm, PC to stand in your corner, you can take comfort in knowing that you’ll be in competent and experienced hands ready to put in the work and do the due diligence needed to best represent your interests in and out of court.

Call or message our firm today for a free initial consultation and make sure you or your loved ones get the representation they deserve.

Our friendly staff is standing by and ready to assist.



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