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Title 8 — Aliens and NationalityRelease 119-73

§1325 Improper entry by alien

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part VIII— - General Penalty Provisions › § 1325

Last updated Apr 6, 2026|Official source

Summary

People who are not U.S. citizens who enter or try to enter the United States at a place or time not approved by immigration officers, skip inspection, or lie or hide important facts to get in can be criminally punished. For a first offense they can get a federal fine (under Title 18), up to 6 months in jail, or both. A later offense can bring a fine, up to 2 years in jail, or both. If caught entering at the wrong place or time, they also face a civil fine of at least $50 and not more than $250 for each entry or attempt, and twice that amount if they were already fined under this rule. Anyone who knowingly marries just to get around immigration rules can be punished by up to 5 years in prison, a fine of not more than $250,000, or both. Anyone who knowingly sets up a business for that same purpose can be punished by up to 5 years in prison, a federal criminal fine (under Title 18), or both.

Full Legal Text

Title 8, §1325

Aliens and Nationality — Source: USLM XML via OLRC

(a)Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined 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, or both.
(b)Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1)at least $50 and not more than $250 for each such entry (or attempted entry); or
(2)twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
(c)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.
(d)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, or both.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsecs. (b) to (d). Pub. L. 104–208 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1991—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)”. 1990—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”. Subsec. (c). Pub. L. 101–649, § 121(b)(3), added subsec. (c). 1986—Pub. L. 99–639 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment 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].”

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Effective Date

of 1990 AmendmentAmendment by section 121(b)(3) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of this title. Amendment by section 543(b)(2) of Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title. 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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1325

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73