1326, the primary criminal immigration statute.

Sunday, November 3rd, 2013

An interesting aspect of immigration law consumes a huge amount of judicial resources as well as filling the federal prisons. It is 1326 jurisprudence. “1326″ involves prosecuting deported aliens for illegal reentry after deportation under 8 U.S.C. § 1326. This is the same statute as INA § 276. Though part of the Immigration and Nationality Act, 8 U.S.C. § 1326 is a criminal statute. Criminal defense attorneys (and not immigration attorneys) and the federal courts (not immigration courts) handle them….