Title 8 — Aliens and Nationality
Part VIII · Chapter 12 — Immigration and Nationality
§ 1326. Reentry of removed aliens
Statutory text
In general
Subject to subsection (b), any alien who—
has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.
Criminal penalties for reentry of certain removed aliens
Notwithstanding subsection (a), in the case of any alien described in such subsection—
whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.1 or
who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.
For the purposes of this subsection, the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.
Reentry of alien deported prior to completion of term of imprisonment
Any alien deported pursuant to section 1252(h)(2) 2 of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.
Limitation on collateral attack on underlying deportation order
In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that—
the alien exhausted any administrative remedies that may have been available to seek relief against the order;
the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and
the entry of the order was fundamentally unfair.
Footnotes
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.
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1326
June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
Pub. L. 100–690 title VII § 7345(a) · 102 Stat. 4181
Amended · 8 U.S.C. § 1326
Pub. L. 100–690 designated existing provisions as subsec. (a)
Substituted · 8 U.S.C. § 1326
Pub. L. 100–690 substituted “Subject to subsection (b), any alien” for “Any alien”
Added · 8 U.S.C. § 1326
Pub. L. 100–690 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 100–690 designated existing provisions as subsec. (a), substituted “Subject to subsection (b), any alien” for “Any alien”, and added subsec. (b).Enacted provision · exact public law section
(a) In General.— Section 276 (8 U.S.C. 1326) is amended— (1) by striking out “Any alien” and inserting in lieu thereof “(a) Subject to subsection (b), any alien”; and (2) by adding at the end thereof the following new subsection: “(b) Notwithstanding subsection (a), in the case of any alien described in such subsection— “(1) whose deportation was subsequent to a conviction for commission of a felony (other than an aggravated felony), such alien shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both; or “(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 15 years, or both.”.Immigration Act of 1990
Pub. L. 101–649 title V § 543(b)(3) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1326(a)
Pub. L. 101–649 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of 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 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000”.Enacted provision · exact public law section
(3) Unlawful reentry.— Section 276 (8 U.S.C. 1326) is amended by striking “shall be guilty” and all that follows through “$1,000” and inserting “shall be fined under title 18, United States Code, or imprisoned not more than 2 years”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XIII § 130001(b) · 108 Stat. 1796
Inserted · 8 U.S.C. § 1326(b)
Pub. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of”
Substituted · 8 U.S.C. § 1326(b)
Pub. L. 103–322, in par. (1), substituted “10” for “5”, in par. (2)
Substituted · 8 U.S.C. § 1326(b)
Pub. L. 103–322, in par. (1), substituted “20” for “15”
Added · 8 U.S.C. § 1326(b)
Pub. L. 103–322, in par. (1), added concluding sentence
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of” and substituted “10” for “5”, in par. (2), substituted “20” for “15”, and added concluding sentence.Enacted provision · exact public law section
(b) Reentry.— Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended— (1) in paragraph (1)— (A) by inserting after “commission of” the following: “three or more misdemeanors involving drugs, crimes against the person, or both, or”; and (B) by striking “5” and inserting “10”; (2) in paragraph (2), by striking “15” and inserting “20”; and (3) by adding at the end the following sentence: “For the purposes of this subsection, the term ‘deportation’ includes any agreement in which an alien stipulates to deportation during a criminal trial under either Federal or State law.”.Pub. L. 104–132 § 401(c) · 110 Stat. 1214
Added · 8 U.S.C. § 1326(b)(3)
Pub. L. 104–132, § 401(c), added par. (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–132, § 401(c), added par. (3).Enacted provision · exact public law section
(c) Criminal Penalty for Reentry of Alien Terrorists.— Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended— (1) by striking “or” at the end of paragraph (1), (2) by striking the period at the end of paragraph (2) and inserting “; or”, and (3) by inserting after paragraph (2) the following new paragraph: “(3) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Pub. L. 104–132 § 438(b) · 110 Stat. 1214
Added · 8 U.S.C. § 1326(c)
Pub. L. 104–132, § 438(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–132, § 438(b), added subsec. (c).Enacted provision · exact public law section
(b) Reentry of Alien Deported Prior to Completion of Term of Imprisonment.— Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: “(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Pub. L. 104–132 § 441(a) · 110 Stat. 1214
Added · 8 U.S.C. § 1326(d)
Pub. L. 104–132, § 441(a), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–132, § 441(a), added subsec. (d).Enacted provision · exact public law section
(a) In General.— Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: “(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that— “(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; “(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and “(3) the entry of the order was fundamentally unfair.”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(e)(14)(A) · 110 Stat. 3009
Amended · 8 U.S.C. § 1326
Pub. L. 104–208, § 308(e)(14)(A), amended section catchline
Source evidence
Code amendment note
Pub. L. 104–208, § 308(e)(14)(A), amended section catchline.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(4)(J)(i) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1326(a)(1)
Pub. L. 104–208, § 308(d)(4)(J)(i), substituted “denied admission, excluded, deported, or removed” for “arrested and deported, has been excluded and deported,”
Substituted · 8 U.S.C. § 1326(a)(1)
Pub. L. 104–208, § 308(d)(4)(J)(i), substituted “exclusion, deportation, or removal” for “exclusion or deportation”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–208, § 308(d)(4)(J)(i), substituted “denied admission, excluded, deported, or removed” for “arrested and deported, has been excluded and deported,” and “exclusion, deportation, or removal” for “exclusion or deportation”.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 324(a) · 110 Stat. 3009
Amended · 8 U.S.C. § 1326(a)(1)
Pub. L. 104–208, § 324(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has been arrested and deported or excluded and deported, and thereafter”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–208, § 324(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has been arrested and deported or excluded and deported, and thereafter”.Enacted provision · exact public law section
(a) Exchange.— Subject to subsection (c), the Secretary of Agriculture (referred to in this section as the “Secretary”) shall convey all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(1) to Public Utility District No. 1 of Chelan County, Washington (referred to in this section as the “Public Utility District”), in exchange for the conveyance to the Department of Agriculture by the Public Utility District of all right, title, and interest of the Public Utility District in and to the lands described in subsection (b)(2).Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(4)(J)(ii) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1326(a)(2)(B)
Pub. L. 104–208, § 308(d)(4)(J)(ii), substituted “denied admission and removed” for “excluded and deported”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(d)(4)(J)(ii), substituted “denied admission and removed” for “excluded and deported”.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 324(b) · 110 Stat. 3009
Inserted · 8 U.S.C. § 1326(b)
Pub. L. 104–208, § 324(b), inserted “(or not during)” after “during” in concluding provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–208, § 324(b), inserted “(or not during)” after “during” in concluding provisions.Enacted provision · exact public law section
(b) Description of lands.— (1) National Forest System Lands.— The National Forest System lands referred to in subsection (a) are 122 acres, more or less, that are partially occupied by a wastewater treatment facility referred to in subsection (c)(4)(A) with the following legal description: (A) The NE¼ of SW¼ of section 27 of township 27 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The N½ of SE¼ of SW¼ of such section 27. (C) The W½ of NW¼ of SE¼ of such section 27. (D) The NW¼ of SW¼ of SE¼ of such section 27. (E) The E½ of NW¼ of the SE¼ of such section 27. (F) That portion of the S½ of SE¼ of SW¼ lying north of the northerly edge of Highway 209 right-of-way of such section 27. (2) Public utility district lands.— The lands owned by the Public Utility District are 109.15 acres, more or less, with the following legal description: (A) S½ of SW¼ of section 35 of township 26 north, range 17 east, Willamette Meridian, Chelan County, Washington. (B) The area specified by Public Utility District No. 1 as Government Lot 5 in such section 35.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(e)(1)(K) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1326(b)
Pub. L. 104–208, § 308(e)(1)(K), substituted “removal” for “deportation” wherever appearing in pars. (1) and (2) and in concluding provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–208, § 308(e)(1)(K), substituted “removal” for “deportation” wherever appearing in pars. (1) and (2) and in concluding provisions.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 305(b)(1) · 110 Stat. 3009
Struck · 8 U.S.C. § 1326(b)(2)
Pub. L. 104–208, § 305(b)(1), struck out “or” at end
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–208, § 305(b)(1), struck out “or” at end.Enacted provision · exact public law section
Sec. 305. Section 612(1) of title 28, United States Code, shall be amended as follows: strike “1997”, and insert in lieu thereof “1998”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 305(b)(2) · 110 Stat. 3009
Inserted · 8 U.S.C. § 1326(b)(3)
Pub. L. 104–208, § 305(b)(2), inserted “or” at end
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 104–208, § 305(b)(2), inserted “or” at end.Enacted provision · exact public law section
Sec. 305. Section 612(1) of title 28, United States Code, shall be amended as follows: strike “1997”, and insert in lieu thereof “1998”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 305(b)(3) · 110 Stat. 3009
Added · 8 U.S.C. § 1326(b)(4)
Pub. L. 104–208, § 305(b)(3), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 104–208, § 305(b)(3), added par. (4).Enacted provision · exact public law section
Sec. 305. Section 612(1) of title 28, United States Code, shall be amended as follows: strike “1997”, and insert in lieu thereof “1998”.Effective date note
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 324(c), Sept. 30, 1996, 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [Sept. 30, 1996], but only with respect to entries (and attempted entries) occurring on or after such date.” Pub. L. 104–132, title IV, § 401(f), Apr. 24, 1996, 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [Apr. 24, 1996] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.” Pub. L. 104–132, title IV, § 441(b), Apr. 24, 1996, 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [Apr. 24, 1996].”
21 of 22 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(2), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Section 1252 of this title, referred to in subsec. (c), was amended generally by Pub. L. 104–208, div. C, title III, § 306(a)(2), , 110 Stat. 3009–607, and, as so amended, does not contain a subsec. (h). For provisions similar to those formerly contained in section 1252(h)(2) of this title, see section 1231(a)(4) of this title.
Amendments1988–1996 · 4 rounds
1996
Pub. L. 104–208, § 308(e)(14)(A), amended section catchline.
Subsec. (a)(1). Pub. L. 104–208, § 308(d)(4)(J)(i), substituted “denied admission, excluded, deported, or removed” for “arrested and deported, has been excluded and deported,” and “exclusion, deportation, or removal” for “exclusion or deportation”.
Pub. L. 104–208, § 324(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has been arrested and deported or excluded and deported, and thereafter”.
Subsec. (a)(2)(B). Pub. L. 104–208, § 308(d)(4)(J)(ii), substituted “denied admission and removed” for “excluded and deported”.
Subsec. (b). Pub. L. 104–208, § 324(b), inserted “(or not during)” after “during” in concluding provisions.
Pub. L. 104–208, § 308(e)(1)(K), substituted “removal” for “deportation” wherever appearing in pars. (1) and (2) and in concluding provisions.
Subsec. (b)(2). Pub. L. 104–208, § 305(b)(1), struck out “or” at end.
Subsec. (b)(3). Pub. L. 104–208, § 305(b)(2), inserted “or” at end.
Pub. L. 104–132, § 401(c), added par. (3).
Subsec. (b)(4). Pub. L. 104–208, § 305(b)(3), added par. (4).
Subsec. (c). Pub. L. 104–132, § 438(b), added subsec. (c).
Subsec. (d). Pub. L. 104–132, § 441(a), added subsec. (d).
1994
Subsec. (b). Pub. L. 103–322, in par. (1), inserted “three or more misdemeanors involving drugs, crimes against the person, or both, or” after “commission of” and substituted “10” for “5”, in par. (2), substituted “20” for “15”, and added concluding sentence.
1990
Subsec. (a). Pub. L. 101–649 substituted “shall be fined under title 18, or imprisoned not more than 2 years” for “shall be guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000”.
1988
Pub. L. 100–690 designated existing provisions as subsec. (a), substituted “Subject to subsection (b), any alien” for “Any alien”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendments
Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.
Pub. L. 104–208, div. C, title III, § 324(c), , 110 Stat. 3009–629, provided that: “The amendment made by subsection (a) [amending this section] shall apply to departures that occurred before, on, or after the date of the enactment of this Act [], but only with respect to entries (and attempted entries) occurring on or after such date.”
Pub. L. 104–132, title IV, § 401(f), , 110 Stat. 1268, provided that: “The amendments made by this section [enacting sections 1531 to 1537 of this title and amending this section and section 1105a of this title] shall take effect on the date of enactment of this Act [] and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.”
Pub. L. 104–132, title IV, § 441(b), , 110 Stat. 1279, provided that: “The amendment made by subsection (a) [amending this section] shall apply to criminal proceedings initiated after the date of enactment of this Act [].”
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–649 applicable to actions taken after , see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
Effective Date of 1988 Amendment
Pub. L. 100–690, title VII, § 7345(b), , 102 Stat. 4471, provided that: “The amendments made by subsection (a) [amending this section] shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act [].”
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
References to Order of Removal Deemed To Include Order of Exclusion and Deportation
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
Credits
1952–1996 · 6 acts
- 1952June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229
- 1988Pub. L. 100–690, title VII, § 7345(a), , 102 Stat. 4471
- 1990Pub. L. 101–649, title V, § 543(b)(3), , 104 Stat. 5059
- 1994Pub. L. 103–322, title XIII, § 130001(b), , 108 Stat. 2023
- 1996Pub. L. 104–132, title IV, §§ 401(c), 438(b), 441(a), , 110 Stat. 1267, 1276, 1279
- 1996Pub. L. 104–208, div. C, title III, §§ 305(b), 308(d)(4)(J), (e)(1)(K), (14)(A), 324(a), (b), , 110 Stat. 3009–606, 3009–618 to 3009–620, 3009–629.
Show as published
(June 27, 1952, ch. 477, title II, ch. 8, § 276, 66 Stat. 229; Pub. L. 100–690, title VII, § 7345(a), , 102 Stat. 4471; Pub. L. 101–649, title V, § 543(b)(3), , 104 Stat. 5059; Pub. L. 103–322, title XIII, § 130001(b), , 108 Stat. 2023; Pub. L. 104–132, title IV, §§ 401(c), 438(b), 441(a), , 110 Stat. 1267, 1276, 1279; Pub. L. 104–208, div. C, title III, §§ 305(b), 308(d)(4)(J), (e)(1)(K), (14)(A), 324(a), (b), , 110 Stat. 3009–606, 3009–618 to 3009–620, 3009–629.)