What Is the Sentence for Illegal Reentry After Deportation?

Illegal reentry after deportation is a federal felony prosecuted under 8 U.S.C. 1326. The sentence your husband receives depends primarily on his prior criminal history and the circumstances of his previous deportation.

The Basic Charge - No Prior Criminal Record

If your husband was previously deported and has no prior criminal convictions, the maximum sentence under the basic illegal reentry statute is two years in federal prison. In practice, many first-time illegal reentry defendants with no criminal history receive sentences significantly below the two-year maximum, sometimes as little as time served or a short sentence of several months, depending on the jurisdiction and the judge.

Enhanced Penalties Based on Prior Convictions

Federal law imposes dramatically higher maximum sentences when prior criminal convictions are involved:

Prior misdemeanor conviction-maximum sentence increases to two years. Prior felony conviction-maximum sentence increases to ten years. Prior aggravated felony conviction-maximum sentence increases to twenty years.

The specific prior conviction that accompanied the original deportation order is the most critical factor. If your husband was deported following an aggravated felony conviction, the potential sentence is far more serious than a simple illegal reentry case.

Federal Sentencing Guidelines

Federal judges use the United States Sentencing Guidelines to calculate a recommended sentence range. The guidelines for illegal reentry cases assign a base offense level and then adjust upward based on the nature of any prior criminal history. A defense attorney can calculate the likely guideline range once they know your husband's full criminal history and the facts of the case.

Cooperation and Plea Agreements

The vast majority of federal illegal reentry cases are resolved through plea agreements rather than trial. A plea agreement negotiated by an experienced federal defense attorney can often result in a sentence at or below the guideline range. Going to trial on a federal charge of this type carries a significant risk of a higher sentence if convicted.

Immigration Consequences

Beyond the criminal sentence, your husband will almost certainly face a formal order of removal following completion of any prison term. A conviction under 8 U.S.C. 1326 with an aggravated felony makes future legal reentry to the United States extremely difficult and, in many cases, permanently bars it.

The Most Important Step

Your husband needs an experienced federal criminal defense attorney immediately if he does not already have one. The difference between a well-negotiated plea and an unrepresented defendant in a federal illegal reentry case can be measured in years. If he cannot afford private counsel, a federal public defender will be appointed