Illegal Re entry After Deportation Lawyer Morris County — What Are Your Defense Options?
An illegal reentry after deportation charge in Morris County is a serious federal crime under 8 U.S.C. § 1326, punishable by up to 20 years in prison. The Law Offices Of SRIS, P.C. provides focused defense for individuals facing these charges in federal court.
Understanding the Federal Illegal Reentry Statute
Illegal reentry after deportation, formally codified at 8 U.S.C. § 1326, is a federal offense prosecuted in the United States District Court for the District of New Jersey. The 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 heavily influenced by the individual’s prior immigration and criminal history.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are subject to amendment by Congress.
Founded in 1997, our firm’s founder is a former prosecutor with a deep understanding of government tactics from both sides of the courtroom. This insight is critical when building a defense against federal immigration charges.
Official Legal Resources
For the exact language of the federal statute, you can review 8 U.S.C. § 1326 (Illegal Reentry) published by the Legal Information Institute. For local federal court procedures and filing information, visit the website for the U.S. District Court for the District of New Jersey.
Facing an Unlawful Return Charge in Morris County: The Process
An unlawful return charge lawyer in Morris County must be prepared for a federal process that differs significantly from state court. Charges are typically filed after an individual is encountered by Immigration and Customs Enforcement (ICE) or during a custodial setting. The case will proceed in the federal district court, where procedures are formal and the stakes are high. Early intervention is paramount, as detention is common and bond can be difficult to obtain.
- Initial Arrest and Detention: You will likely be detained by ICE or in a county jail under a federal hold. An initial appearance before a federal magistrate judge will be scheduled.
- Arraignment and Plea: At your arraignment, the formal charges are read, and you enter a plea of guilty or not guilty. Your lawyer will argue for bond or pre-trial release.
- Pre-Trial Motions and Discovery: Your defense attorney will file motions, including potential motions to dismiss the indictment if the underlying removal order was invalid. The government must provide all evidence against you.
- Plea Negotiations or Trial: Most federal cases are resolved through plea agreements. Your lawyer will negotiate for the best possible outcome, which may include a reduced sentence or alternative resolution. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, either by plea or trial, you will face a sentencing hearing where the judge determines the penalty based on the Federal Sentencing Guidelines.
- Immigration Consequences: A conviction will trigger new removal proceedings. Your criminal defense lawyer should coordinate with immigration counsel regarding potential relief or defenses to removal.
Potential Penalties for Illegal Reentry
In Morris County, an illegal reentry after deportation conviction carries severe federal penalties, including lengthy prison sentences and subsequent deportation.
| Offense Scenario | Maximum Prison Sentence | Maximum Fine | Subsequent Immigration Action |
|---|---|---|---|
| Reentry after deportation (general) | 2 years | $250,000 | Mandatory deportation |
| Reentry after removal following an aggravated felony conviction | 20 years | $250,000 | Mandatory deportation |
| Reentry after removal following certain criminal convictions (non-aggravated felonies) | 10 years | $250,000 | Mandatory deportation |
| Reentry after denial of admission at the border | 2 years | $250,000 | Expedited removal |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Immigration Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We approach each illegal reentry defense with a detailed strategy, examining every aspect of the government’s case, from the legality of the initial stop to the validity of the underlying deportation order. Our tagline, “Advocacy Without Borders,” reflects our commitment to defending clients in complex federal matters.
Building a Defense Against Reentry Charges
An effective defense requires attacking the government’s ability to prove every element of the crime. Common defense strategies include challenging whether the prior removal was lawful, arguing that the government cannot prove you are the same person who was deported, or asserting that you had permission from the Attorney General to reapply for admission. In some cases, collateral attacks on the underlying removal order can lead to a dismissal of the criminal charge.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Morris County Immigration Defense Lawyers
Our team is familiar with the federal court process affecting Morris County residents. If you or a loved one is facing an illegal reentry after deportation charge, immediate legal action is critical.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions (Illegal Reentry Defense)
Can I be charged with illegal reentry if I entered the U.S. as a child?
Yes. The charge applies regardless of age at entry if you were previously removed or deported. However, your age and circumstances may be powerful mitigating factors during sentencing or in seeking prosecutorial discretion.
What is the main difference between deportation and removal?
In current immigration law, “removal” is the formal term that includes both deportation (for individuals already in the U.S.) and exclusion (for individuals at the border). For the purposes of 8 U.S.C. § 1326, both deportation and removal orders can serve as the basis for an illegal reentry charge.
Is it a defense if my original deportation hearing was unfair?
It can be. A key defense is a “collateral attack” on the underlying removal order. If you can prove the original order was fundamentally unfair (e.g., you were not advised of your right to appeal, or you had a viable claim for relief), the illegal reentry charge may be dismissed.
Will I go to immigration detention or federal prison?
Initially, you may be held in an ICE detention facility or a county jail under a federal contract. If convicted and sentenced to prison time, you will serve that sentence in a federal Bureau of Prisons facility. After completing any criminal sentence, you will be transferred back to ICE custody for removal proceedings.
Can I negotiate a plea deal to avoid prison time?
It depends. While possible, it is challenging in illegal reentry cases due to mandatory minimum sentences in certain scenarios. An experienced lawyer can negotiate for a lower sentence within the guideline range, a downward departure, or in rare cases, alternative programs like pretrial diversion if you have strong equities.
How long does a federal illegal reentry case typically take?
From arrest to resolution, a case can take anywhere from several months to over a year. The timeline depends on the complexity of the defense, the court’s docket, and whether the case proceeds to trial. The Speedy Trial Act generally requires a trial to start within 70 days of indictment.