Illegal immigration is the migration of a person into a country in violation of that country's immigration laws, including unauthorized entry or continued residence after a valid visa has expired. Such movement tends to run from poorer countries toward richer ones. Depending on national law, unauthorized residence can carry the risk of detention, deportation, or other administrative sanctions.
Facts
Classification CodeIn the United States, unauthorized entry is a federal crime, a misdemeanor on a first offense, while overstaying a visa is a civil violation handled in immigration court 1 Typical PenaltyA first offense of improper entry under United States federal law is punishable by a fine or up to six months imprisonment, or both; a subsequent offense is punishable by a fine or up to two years imprisonment, or both 2 Elements of OffenseUnder United States federal law, an alien commits improper entry by entering or attempting to enter at a place other than one designated by immigration officers, by eluding examination or inspection, or by obtaining entry through a willfully false or misleading representation or the concealment of a material fact 2 Notable ExampleIn the United States, arranging a sham marriage to evade immigration law can carry a fine of two hundred fifty thousand dollars and a five year prison sentence 1 Jurisdiction VariationEnforcement varies by country: the United Kingdom charges sham marriage participants with offenses including assisting unlawful immigration and conspiracy to facilitate a breach of immigration law, while other countries impose different sanctions such as employer penalties 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
Source legislation.gov.uk (The National Archives): Immigration Act 1971, section 24Statute textQuote, Statute text
A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence.
Sources
1. Illegal Immigration (Wikipedia)
WikipediaWikipedia, lead section, second sentence
Illegal immigration tends to be financially upward, with migrants moving from poorer to richer countries.
United States section, civil versus criminal distinction
entering (including re-entering) the US without approval from an immigration officer is a crime; specifically a misdemeanor on the first offense
Sham marriage section
The United States has a penalty of a $250,000 fine and five-year prison sentence for such arrangements.
United Kingdom section
may be charged with several offenses, including assisting unlawful immigration and conspiracy to facilitate a breach of immigration law
View the Source 2. 8 U.S.C. 1325 (Cornell Legal Information Institute)
Section 1325(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
Section 1325(a), penalty clause
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.
View the Sourcelegislation.gov.uk (The National Archives): Immigration Act 1971, section 24
legislation.gov.uk (The National Archives)In Group: Unauthorized Entry and Stay, Section textQuote, In Group: Unauthorized Entry and Stay, Section text
A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.