Illegal Re entry After Deportation Lawyer in Salem County, NJ — Federal Defense
Illegal re entry after deportation under 8 U.S.C. § 1326 is a federal felony prosecuted in the U.S. District Court for the District of New Jersey. A conviction can result in up to 20 years imprisonment, fines, and a new deportation order. As an illegal re entry after deportation lawyer Salem County, Law Offices Of SRIS, P.C.
Federal Statute for Illegal Re entry After Deportation
Illegal re entry after deportation is codified under federal law at 8 U.S.C. § 1326. This statute makes it a crime for any alien who has been denied admission, excluded, deported, or removed to enter, attempt to enter, or be found in the United States without the express consent of the Attorney General. The severity of the charge and potential penalties are significantly enhanced if the individual’s prior removal was subsequent to a conviction for an aggravated felony or certain other crimes.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | Federal statutes are maintained by the U.S. Government Publishing Office.
Official Legal Resources
For the official text of the federal illegal re entry statute, see 8 U.S.C. § 1326 (official U.S. Code). For information on the federal court handling these cases in New Jersey, visit the U.S. District Court for the District of New Jersey website.
Salem County Federal Court Process for Illegal Re entry
Cases for illegal re entry after deportation in Salem County are prosecuted federally, typically by the U.S. Attorney’s Office for the District of New Jersey. The process often begins with an investigation by Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI). Following arrest, an initial appearance and detention hearing are held in federal court. The case proceeds through the federal system, which includes grand jury indictment, discovery, plea negotiations, and potentially trial.
- Initial Arrest & Hearing: You will be brought before a U.S. Magistrate Judge for an initial appearance. A detention hearing is often held the same day or shortly after.
- Grand Jury Indictment: The U.S. Attorney presents evidence to a federal grand jury. If they return an indictment, your case proceeds formally.
- Discovery & Motions: Your defense attorney reviews all government evidence and may file pretrial motions to challenge the legality of the arrest or suppress evidence.
- Plea Negotiations or Trial: Most federal cases are resolved by plea agreement. If no agreement is reached, the case proceeds to a jury trial in federal court.
- Sentencing: If convicted, either by plea or trial, the court will impose a sentence based on the U.S. Sentencing Guidelines and other statutory factors.
- Immigration Consequences: A conviction triggers new removal proceedings. Your criminal defense and immigration strategies must be coordinated.
Potential Penalties for Illegal Re entry
In federal court, illegal re entry after deportation carries a base penalty of up to 2 years imprisonment, but enhancements can increase the maximum to 10 or 20 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Illegal Re entry (Basic) | Federal Felony | Up to 2 years | Up to $250,000 | New deportation order |
| Re entry after removal for certain crimes | Federal Felony | Up to 10 years | Up to $250,000 | New deportation order |
| Re entry after removal for an aggravated felony | Federal Felony | Up to 20 years | Up to $250,000 | New deportation order, supervised release |
Results may vary. Prior results do not guarantee a similar outcome.
Our Federal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We understand the severe consequences of a federal conviction for unlawful return and approach each case with a detailed, strategic defense. Our experience extends across federal jurisdictions, including the District of New Jersey.
Case Results & Client Advocacy
While specific results for illegal re entry in Salem County are not listed, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We have successfully defended clients facing serious federal charges by challenging the government’s evidence, negotiating favorable plea agreements, and advocating at sentencing to minimize consequences. Every case is unique, and we build a defense strategy case-specific to the specific facts and legal issues of your unlawful return charge.
Results may vary. Prior results do not guarantee a similar outcome.
Federal Criminal Defense Near Salem County, NJ
Our New Jersey location serves clients facing federal charges in Salem County. We are accessible to communities across the region, including Salem, Pennsville, Carneys Point, Woodstown, Pilesgrove, Alloway, Quinton, and Elsinboro. Our firm is positioned to provide strong defense for those charged with illegal re entry after deportation.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 455-5120
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Illegal Re entry After Deportation in Salem County
What is the penalty for illegal re entry after deportation in New Jersey?
It depends on your criminal and immigration history. The base penalty under 8 U.S.C. § 1326 is up to 2 years in federal prison. If your prior removal followed a conviction for an aggravated felony or certain other crimes, the maximum penalty increases to 10 or 20 years imprisonment, plus fines and a new deportation order.
Can I fight an illegal re entry charge?
Yes. Defenses may include challenging the validity of the underlying deportation order, arguing that your re entry was not “knowing,” or moving to suppress evidence obtained through an unlawful arrest. An experienced illegal re entry after deportation lawyer Salem County can evaluate all potential defenses in your case.
Will I go to immigration detention if charged?
It is very likely. Upon arrest for illegal re entry, you will typically be held in the custody of the U.S. Marshals Service for the criminal case. ICE will also likely lodge a immigration detainer. If released on bond in the criminal case, you may be immediately transferred to ICE custody for removal proceedings.
What is the difference between illegal re entry and unlawful presence?
Unlawful presence is a civil immigration status. Illegal re entry after deportation is a federal crime. You can only be charged with illegal re entry under 8 U.S.C. § 1326 if you were previously formally deported, removed, or excluded from the United States and then re entered without authorization.
Should I speak to ICE agents if arrested?
No. You have the right to remain silent and the right to an attorney. Politely state that you wish to speak with a lawyer before answering any questions. Anything you say to ICE or other federal agents can be used against you in both your criminal case and any immigration proceedings.
Can a plea agreement help avoid deportation?
It depends. While a criminal conviction for illegal re entry itself triggers deportation, a skilled unlawful return charge lawyer Salem County may negotiate a plea to a different, less severe charge that carries fewer immigration consequences. The strategy is highly case-specific and requires coordination between criminal and immigration counsel.
New Jersey Federal Criminal Defense Lawyer | Federal Criminal Lawyer Camden County | Salem County Criminal Defense Lawyer
Page last verified: 2026-04. The information on this page is based on federal law and procedure. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your illegal re entry after deportation charge.
Salem County cases follow the same route as the rest of the state, and our page on illegal re entry after deportation cases in New Jersey explains each stage.
Your case in Salem County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Salem County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Salem County NJ lawyers directory · Illegal Re Entry after Deportation Lawyer Bergen County, NJ · Illegal Re Entry after Deportation Lawyer Hudson County, NJ · Monmouth County NJ Illegal Re Entry after Deportation Lawyer.