Illegal Reentry After Deportation (8 U.S.C. § 1326)

Dennis Gonzalez Law, P.A. is a criminal defense firm. We defend the federal criminal charge. We do not represent people in immigration court, and we work with an immigration lawyer when the situation calls for one. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day, in English and Spanish.

What the Government Must Prove

Illegal Entry by Deported Alien (11th Cir. Pattern Instr. O97; see our Elements page):

1. you were an alien (not a U.S. citizen or national) at the time stated in the indictment;
2. you had been deported, excluded, or removed from the United States;
3. afterward, you knowingly reentered, or were found to be voluntarily back in, the United States; and
4. you did not have the consent of the Attorney General or the Secretary of Homeland Security to apply for readmission.

Penalties Depend on the Record Before Removal

• Basic offense: up to 2 years.
• Removal after three or more misdemeanors involving drugs, crimes against the person, or both, or after a felony (other than an aggravated felony): up to 10 years.
• Removal after an aggravated felony conviction: up to 20 years.
• Certain terrorism-related exclusions or removals carry 10 years that cannot run concurrently with any other sentence.

The statute says "removal" includes an agreement to be removed made during a criminal case.

Related Charge: Illegal Entry (8 U.S.C. § 1325)

Entering or trying to enter at a time or place not designated by immigration officers, avoiding inspection, or entering through a willfully false statement is a misdemeanor the first time (up to 6 months) and up to 2 years for a later offense.

A Florida Law Too

In 2025, Florida created its own crime of illegal reentry by an adult unauthorized alien (Fla. Stat. § 811.103), with mandatory minimum sentences. Its enforcement has been challenged in federal court. Ask us about where that stands if you are charged under it.

Defense Themes

• Alienage. The government must prove you were not a U.S. citizen. Citizenship questions can be complicated, and they are worth checking.
• The prior removal. The law allows a challenge to the old removal order in the criminal case only if you show all three: you used the administrative remedies that were available, the removal proceedings unfairly cut off judicial review, and the order was fundamentally unfair.
• Consent. Did you have permission to reapply?
• The record before removal. The maximum depends on what convictions came before the removal and how they are classified.
• How you were found. Statements and fingerprint matches after an unrelated arrest deserve a close look.

What to Do First

1. Do not answer questions about your status, history, or entry without a lawyer. Ask for one.
2. Gather documents: past immigration papers, removal orders, and old court records.
3. Families: before paying a bond, ask whether there is an ICE detainer. See Immigration Consequences and Bond & Nebbia Hearings.
4. Call us. Our office answers 24 hours a day.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Do you handle the immigration case too?

No. We defend the federal criminal charge and coordinate with immigration counsel when your situation calls for it.

Can I challenge my old deportation order in the criminal case?

Only in limited situations. The statute requires you to show all three conditions it lists.

Why does my old record matter so much?

The maximum sentence depends on whether the removal came after certain misdemeanors, a felony, or an aggravated felony.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.