§1325 — Improper Entry by Alien

Chapter 12 — Immigration and Nationality

Subchapter II — Immigration

Part VIII — General Penalty Provisions

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts. - Any alien who

(a)(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or

(a)(2) eludes examination or inspection by immigration officers, or

(a)(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 -

(b)(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(b)(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, §2275, 66 Stat. 229 Pub. L. 99-639, §2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L. 101-649, title I, §121(b)(3), title V, §543(b)(2), Nov. 29, 1990, 104 Stat. 4994, 5059; Pub. L. 102-232, title III, § 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104-208, div. C, title I, §105(a), Sept. 30, 1996, 110 Stat. 3009-556.)