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Current Law:
Title 8 Section 1325
Improper entry by alien:
(a)
Improper time or place; avoidance of examination or
inspection; misrepresentation and concealment of
facts
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, 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
(1) at least $50 and not more than $250 for each
such entry (or attempted entry); or
(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.
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