Skip to main content

U.S. Attorneys' Manual

This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact webmaster@usdoj.gov if you have any questions about the archive site.

U.S. Attorneys' Manual
Criminal Resource Manual

1911. 8 U.S.C. 1325 -- Unlawful Entry, Failure To Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud

Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien 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.

Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

[cited in USAM 9-73.200]