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Offense

Illegal Entry

Immigration and Border Offenses

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 Penalty
In Ukraine, up to three years' prison under Criminal Code 2001, art. 332-2 1
Elements of Offense
Foreign nationals arriving in or crossing the borders into a country in violation of its immigration law 1
Notable Example
Yang Jianli, sentenced in China on 13 May 2004 to five years in prison for espionage and illegal entry 1
Jurisdiction Variation
In the United States the offense is a misdemeanor, while Ukraine prescribes up to three years' prison 1
Classification
Offense Grade
Minor or Summary Offense 1
In the Other Atlases
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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