The United States Attorney's Office the District of Massachusetts is increasing prosecution against undocumented immigrants who have attempted to re-enter the country after being deported.
In May 2017, the office issued 12 press releases concerning undocumented immigrants who have been charged with illegal re-entry into the country. These releases culminated in three reports that were sent within a span of seven minutes on the Friday before Memorial Day. These releases include the following:
In addition to these press releases, the US Attorney's office has added a prosecutor to manage illegal reentry cases. The Boston Herald recently published an article detailing the increase in these type of prosecutions.
It is important to understand the severity of re-entry convictions. While initial deportation cases involve an immigration court, re-entry cases involve criminal accusations, prosecuted in federal courts. To convict an individual of a re-entry crime, the government must prove. If convicted of re-entry, a person faces deportation, , beyond a reasonable doubt, that the person was previously "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."
Sentences for convictions for Illegal Re-Entry vary, based on the reason for the initial deportation. Typically, the individual faces fines, imprisonment, and a permanent bar from ever entering the United States again. If the person was deported for criminal convictions, he/she is exposed to longer prison sentences. If convicted, the individual is prohibited from returning to the United States again. Due to this bar, a person will be required to obtain special permission to enter the United States at any time in the future.
It is probable that the uptick in deportations, combined with a change in policy toward prosecution of these offenses, will significantly increase the number of people charged with Illegal Re-Entry.
If you, a family member, a loved one has been charged with Illegal Re-Entry, call Federal Criminal Defense Attorney Henry Fasoldt. He will explain your options to you and answer your questions.