
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1325]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1325. Improper entry by alien


(a) Improper time or place; avoidance of examination or inspection; 
        misrepresentation and concealment of facts

    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) Improper time or place; civil penalties

    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.

Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.

(c) Marriage fraud

    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) Immigration-related entrepreneurship fraud

    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.

(June 27, 1952, ch. 477, title II, ch. 8, Sec. 275, 66 Stat. 229; Pub. 
L. 99-639, Sec. 2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L. 101-649, 
title I, Sec. 121(b)(3), title V, Sec. 543(b)(2), Nov. 29, 1990, 104 
Stat. 4994, 5059; Pub. L. 102-232, title III, Sec. 306(c)(3), Dec. 12, 
1991, 105 Stat. 1752; Pub. L. 104-208, div. C, title I, Sec. 105(a), 
Sept. 30, 1996, 110 Stat. 3009-556.)


                               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, Sec. 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, Sec. 121(b)(3), added subsec. (c).
    1986--Pub. L. 99-639 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1996 Amendment

    Section 105(b) of div. C of Pub. L. 104-208 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 Amendment

    Amendment 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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1225, 1329, 1330 of 
this title; title 10 section 374.
