Illegal Re entry After Deportation Lawyer Union County — Federal Defense
Illegal reentry after deportation is a federal felony under 8 U.S.C. § 1326, prosecuted in the U.S. District Court for the District of New Jersey. A conviction can result in up to 20 years in prison, followed by mandatory deportation.
Federal Statute for Illegal Reentry
Illegal reentry after deportation is codified in federal law at 8 U.S.C. § 1326. This statute makes it a crime for any non-citizen to enter, attempt to enter, or be found in the United States after having been formally removed, deported, or excluded. The severity of the charge and potential penalties escalate based on the individual’s prior criminal and immigration history. For example, a prior aggravated felony conviction can trigger a maximum sentence of 20 years. The charge is prosecuted by the U.S. Attorney’s Office for the District of New Jersey, which has divisions in Newark, Camden, and Trenton.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | 8 U.S.C. § 1326 (Cornell Law)
Official Legal Resources
For the official text of the federal illegal reentry statute, refer to 8 U.S.C. § 1326 on the Legal Information Institute. For local court procedures and information, visit the U.S. District Court for the District of New Jersey website.
Defending an Unlawful Return Charge in Union County
An unlawful return charge lawyer Union County must handle a complex federal process. The case typically begins with an investigation by Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI). If charged, you will appear before a U.S. Magistrate Judge for an initial appearance and detention hearing. The government often seeks detention, arguing the defendant is a flight risk. A strong defense may challenge the validity of the underlying deportation order, argue for a lesser sentence under the U.S. Sentencing Guidelines, or pursue alternative resolutions.
- Initial Arrest & Hearing: You will be arrested by federal agents and brought before a U.S. Magistrate Judge for an initial appearance and detention hearing.
- Indictment & Arraignment: A federal grand jury issues an indictment. You are formally arraigned, and you enter a plea of not guilty.
- Discovery & Motions: Your attorney reviews all evidence (discovery) and may file pre-trial motions to challenge the charge or suppress evidence.
- Plea Negotiations or Trial: Your lawyer negotiates with the U.S. Attorney’s Office for a favorable plea agreement. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, either by plea or trial, the court imposes a sentence based on the U.S. Sentencing Guidelines and statutory factors.
- Immigration Consequences: A conviction for illegal reentry triggers a new removal order and can permanently bar future immigration relief.
Potential Penalties for Illegal Reentry
In Union County, an illegal reentry after deportation conviction carries severe federal penalties, including lengthy prison sentences and mandatory deportation.
| Prior Criminal/Immigration History | Maximum Prison Sentence | Fine | Immigration Consequence |
|---|---|---|---|
| First offense, no aggravated felony | Up to 2 years | Up to $250,000 | Mandatory deportation, possible permanent bar |
| Prior conviction for an aggravated felony | Up to 20 years | Up to $250,000 | Mandatory deportation, permanent bar |
| Prior conviction for certain non-aggravated felonies | Up to 10 years | Up to $250,000 | Mandatory deportation, lengthy bar |
| Two or more prior convictions for illegal entry | Up to 10 years | Up to $250,000 | Mandatory deportation, lengthy bar |
Results may vary. Prior results do not aim for a similar outcome.
Our Federal Immigration Crime Defense Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a deep understanding of both criminal law and the intersecting details of immigration consequences. Our firm-wide record includes over 4,739 documented case results. We approach each illegal reentry case with a strategy aimed at mitigating the severe penalties, understanding that a conviction has life-altering immigration consequences beyond the prison sentence.
Case Results in Federal Court
While every case is unique, our firm’s approach to federal defense is informed by extensive experience. Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with a favorable outcome rate exceeding 93%. In federal courts, successful defense often involves meticulous review of the underlying removal order, negotiation for downward departures under the Sentencing Guidelines, or securing alternatives to incarceration.
Results may vary. Prior results do not aim for a similar outcome.
Illegal Re entry After Deportation Lawyer Near Union County
Our New Jersey location serves clients facing federal charges in Union County. We are accessible from Elizabeth, Newark, and surrounding communities via the NJ Turnpike, Garden State Parkway, and Route 22. We serve Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
24/7 Phone Consultations — (888) 437-7747 — Meetings By Appointment Only
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) 314-8117
By appointment only.
FAQs: Illegal Reentry Defense in Union County
What is the difference between illegal reentry and unlawful presence?
Yes, there is a major difference. Unlawful presence is a civil immigration violation. Illegal reentry under 8 U.S.C. § 1326 is a federal crime that occurs after a person has been formally deported or removed and then returns without authorization. The latter carries criminal penalties including prison time.
Can I fight an illegal reentry charge if my original deportation was unfair?
It depends. A key defense is to collaterally attack the underlying removal order. If you can prove that your prior deportation was fundamentally unfair—for example, you were denied the right to a hearing or competent translation—you may be able to have the illegal reentry charge dismissed. An experienced illegal reentry after deportation lawyer Union County can review your prior case file.
What happens at a detention hearing for an illegal reentry charge?
The government will argue you are a flight risk and likely seek detention. Your attorney can argue for release on bond by presenting ties to the community, a stable address, and lack of danger. Given the nature of the charge, securing release can be challenging but is not impossible with strong legal advocacy.
Is plea bargaining possible in an illegal reentry case?
Yes. Most federal cases are resolved by plea agreement. An unlawful return charge lawyer Union County can negotiate with the U.S. Attorney’s Office for a favorable plea deal, which may involve a reduced sentence, a recommendation for a lower sentencing guideline range, or even a dismissal of the charge in exchange for a plea to a lesser offense.
Will I be deported again if convicted?
Yes. A conviction for illegal reentry after deportation triggers a new removal order. also, it can impose permanent bars to ever legally returning to the United States, making future visas or green cards virtually impossible to obtain.
Related Legal Resources
If you are facing federal charges in Union County, you may also need information on other practice areas. Learn more about criminal defense in Union County, or explore our New Jersey federal criminal defense hub. For defense in neighboring jurisdictions, see our page for federal criminal lawyer Bergen County.
Page last verified and updated: 2026-04-07. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your illegal reentry after deportation charge.