§ 1325. Improper entry by alien

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1325

   June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat. 229

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 8, § 275, 66 Stat. 229

2. 1986

   Immigration Marriage Fraud Amendments of 1986

   Pub. L. 99–639 § 2(d) · 100 Stat. 3537

   1. Amended · 8 U.S.C. § 1325

      Pub. L. 99–639 designated existing provisions as subsec. (a)

   2. Added · 8 U.S.C. § 1325

      Pub. L. 99–639 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 99–639 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (d) Criminal Penalty for Marriage Fraud.— Section 275 of such Act (8 U.S.C. 1325) is amended— (1) by inserting “(a)” after “275.”, and (2) by adding at the end the following new subsection: “(b) Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.”.

3. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 543(b)(2) · 104 Stat. 4978

   1. Inserted · 8 U.S.C. § 1325(a)

      Pub. L. 101–649, § 543(b)(2), inserted “or attempts to enter” after “(1) enters” and “attempts to enter or” after “or (3)”

   2. Substituted · 8 U.S.C. § 1325(a)

      Pub. L. 101–649, § 543(b)(2), substituted “shall, for the first commission of any such offense, be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years” for “shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than $1,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–649, § 543(b)(2), inserted “or attempts to enter” after “(1) enters” and “attempts to enter or” after “or (3)”, and substituted “shall, for the first commission of any such offense, be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years” for “shall, for the first commission of any such offenses, be guilty of a misdemeanor and upon conviction thereof be punished by imprisonment for not more than six months, or by a fine of not more than $500, or by both, and for a subsequent commission of any such offenses shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than two years, or by a fine of not more than $1,000”.

   Enacted provision · exact public law section
   (2) Concealment of aliens.— Section 275 (8 U.S.C. 1325) is amended— (A) by inserting “or attempts to enter” after “(1) enters”, (B) by inserting “attempts to enter or” after “or (3)”, and (C) by striking “shall, for the first commission”, and all that follows through “$1,000” and inserting “shall, for the first commission of any such offense, be fined not more than $2,000 (or, if greater, the amount provided under title 18, United States Code) or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years”.

4. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 121(b)(3) · 104 Stat. 4978

   Added · 8 U.S.C. § 1325(c)

   Pub. L. 101–649, § 121(b)(3), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–649, § 121(b)(3), added subsec. (c).

   Enacted provision · exact public law section
   (3) Criminal penalty for immigration-related entrepreneurship fraud.— Section 275 (8 U.S.C. 1325) is amended by adding at the end the following new subsection: “(c) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.”.

5. 1991

   Pub. L. 102–232 title III § 306(c)(3) · 105 Stat. 1733

   Substituted · 8 U.S.C. § 1325(a)

   Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”.

   Enacted provision · exact public law section
   (3) Sections 252(c) and 275(a) of the INA, as amended by section 543(b) of the Immigration Act of 1990, are each amended by striking 8 USC 1282, 1325. “fined not more than” and all that follows through “United States Code)” and inserting “fined under title 18, United States Code,”.

6. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. C title I § 105(a) · 110 Stat. 3009

   1. Added · 8 U.S.C. § 1325(b)(d)

      Pub. L. 104–208 added subsec. (b)

   2. Redesignated · 8 U.S.C. § 1325(b)(d)

      Pub. L. 104–208 redesignated former subsecs. (b) and (c) as (c) and (d), respectively

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 104–208 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

   Enacted provision · exact public law section
   Sec. 105. Nothwing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 104 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

   Effective date note
   Pub. L. 104–208, div. C, title I, § 105(b), Sept. 30, 1996, 110 Stat. 3009–556, provided that: “The amendments made by subsection (a) [amending this section] shall apply to illegal entries or attempts to enter occurring on or after the first day of the sixth month beginning after the date of the enactment of this Act [Sept. 30, 1996].”

8 of 9 references resolved to an enrolled provision · 1 partial