(a) A person who is eighteen (18) years of age or older commits an offense who:(1) Is an alien that has been denied admission, excluded, deported, or removed from the United States or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and(2) Thereafter intentionally enters or attempts to enter this state, unless:(A) Prior to the person's reembarkation at a place outside the United States or the person's application for admission from foreign contiguous territory, the United States attorney general has expressly consented to such person's reapplying for admission; or(B) With respect to a person previously denied admission and removed, unless such person shall establish that the person was not required to obtain such advance consent under federal law.
(1) Is an alien that has been denied admission, excluded, deported, or removed from the United States or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and
(2) Thereafter intentionally enters or attempts to enter this state, unless:(A) Prior to the person's reembarkation at a place outside the United States or the person's application for admission from foreign contiguous territory, the United States attorney general has expressly consented to such person's reapplying for admission; or(B) With respect to a person previously denied admission and removed, unless such person shall establish that the person was not required to obtain such advance consent under federal law.
(A) Prior to the person's reembarkation at a place outside the United States or the person's application for admission from foreign contiguous territory, the United States attorney general has expressly consented to such person's reapplying for admission; or
(B) With respect to a person previously denied admission and removed, unless such person shall establish that the person was not required to obtain such advance consent under federal law.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) If the person has not exhausted all available paths under federal law for challenging the federal action listed in subdivision (a)(1), then the court shall grant a stay of the criminal proceedings until the person has exhausted all available paths under federal law for challenging the action.