The act of a foreign national crossing an international border and entering a country's territory without the inspection, authorization or documentation that the country's immigration law requires. It is prosecuted as a distinct offense from human smuggling, which targets the person who facilitates another's unlawful entry for payment, and its treatment varies substantially between countries, with some prosecuting the person's own unlawful entry as a criminal matter and others handling a first unauthorized entry solely through civil immigration removal proceedings.
Facts
Typical PenaltyIn Ukraine, up to three years' prison under Criminal Code 2001, art. 332-2 1 Elements of OffenseForeign nationals arriving in or crossing the borders into a country in violation of its immigration law 1 Notable ExampleYang Jianli, sentenced in China on 13 May 2004 to five years in prison for espionage and illegal entry 1 Jurisdiction VariationIn the United States the offense is a misdemeanor, while Ukraine prescribes up to three years' prison 1 Classification
Offense GradeMinor or Summary Offense 1 In the Other Atlases
- Also in Geography Atlas: Europe, found in there.
- Also in Geography Atlas: North America, found in there.
Sources
1. Illegal entry (Wikipedia)
Lead paragraph, first sentence
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.
Ukraine section
Illegal entry is a crime in the Ukraine, and the prescribed punishment, including administrative penalties, is of up to three years' prison, as per Criminal Code 2001, art. 332-2.
United States section
The offense is a misdemeanor according to the Immigration and Nationality Act of 1965, which prohibits non-nationals from entering or attempting to enter the United States at any time or place which has not been designated by an immigration officer.
China section
On May 13, 2004, the People's Republic of China sentenced Yang Jianli, a Chinese dissident with U.S. residency, to five years in prison for espionage and illegal entry.
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