# As a US citizen, could I be charged with entering the country illegally? **URL:** \ **Category:** Factual Questions\ **Created:** [September 22, 2007, 10:51am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089 "2007-09-22T10:51:40Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![Koxinga](https://avatars.discourse-cdn.com/v4/letter/k/4af34b/32.png) [@Koxinga](https://boards.straightdope.com/u/Koxinga)\ **Post date:** [September 22, 2007, 10:51am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/1 "2007-09-22T10:51:40Z")
Say that I’m a journalist wanting to document the plight of illegal immigrants. I take a regular flight, carrying my passport, to Monterey, and from there proceed to follow a band of Mexicans crossing into the US somewhere on the Rio Grande. I’m back in my home country, but needless to say my passport has not been examined before entry by any representative of Homeland Security. Have I committed a crime? ---
**Author:** ![Slander\_Q.Libel](https://avatars.discourse-cdn.com/v4/letter/s/c6cbf5/32.png) [@Slander\_Q.Libel](https://boards.straightdope.com/u/Slander_Q.Libel)\ **Post date:** [September 22, 2007, 11:21am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/2 "2007-09-22T11:21:57Z")
Not according to [US Customs & Border Protection.](http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=782&p_created=1083165025&p_sid=uRIAWkMi&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MjY5LDI2OSZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUFzIGEgVVMgY2l0aXplbiwgY291bGQgSSBiZSBjaGFyZ2VkIHdpdGggZW50ZXJpbmcgdGhlIGNvdW50cnkgaWxsZWdhbGx5Pw**&p_li=&p_topview=1) ---
**Author:** ![Slander\_Q.Libel](https://avatars.discourse-cdn.com/v4/letter/s/c6cbf5/32.png) [@Slander\_Q.Libel](https://boards.straightdope.com/u/Slander_Q.Libel)\ **Post date:** [September 22, 2007, 11:24am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/3 "2007-09-22T11:24:39Z")
[QUOTE=Slander Q. Libel] Not according to [US Customs & Border Protection.](http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=782&p_created=1083165025&p_sid=uRIAWkMi&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MjY5LDI2OSZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUFzIGEgVVMgY2l0aXplbiwgY291bGQgSSBiZSBjaGFyZ2VkIHdpdGggZW50ZXJpbmcgdGhlIGNvdW50cnkgaWxsZWdhbGx5Pw**&p_li=&p_topview=1) [/QUOTE] Er… replace “Not” with Yes,". I _really_ need to drink more coffee. ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [September 22, 2007, 11:26am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/4 "2007-09-22T11:26:38Z")
Your own cite seems to contradict you. > [@](#): > > If you are entering the U.S. through the Northern or Southern border, you must enter through an open port of entry staffed with CBP officers. The only exceptions to this would be if you are entering with automatic I-68 program status, in which case your yearly registration and telephonic notification of entry is sufficient. **There are currently no programs in place for individuals entering the U.S. by foot (i.e. backpackers, hikers, jogger’s etc.) or air that exempts them from this entry requirement. > Failure to enter through an open staffed port is considered an illegal entry and can result to you being fined and removed from the United States.** Edit: I just read your clarification. Disregard my first sentance ;). ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 22, 2007, 11:30am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/5 "2007-09-22T11:30:49Z")
Obviously as a citizen you can’t be deported, but you are subject to the hefty fines and intense derision heaped upon you. ---
**Author:** ![Koxinga](https://avatars.discourse-cdn.com/v4/letter/k/4af34b/32.png) [@Koxinga](https://boards.straightdope.com/u/Koxinga)\ **Post date:** [September 22, 2007, 11:31am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/6 "2007-09-22T11:31:58Z")
Thanks, but it looks to me like that answer is aimed at foreign visitors. As a citizen, they can hardly “remove me from the United States”, can they? . . . Or can they? :eek: ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [September 22, 2007, 11:55am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/7 "2007-09-22T11:55:07Z")
[QUOTE=Koxinga] Thanks, but it looks to me like that answer is aimed at foreign visitors. As a citizen, they can hardly “remove me from the United States”, can they? . . . Or can they? :eek: [/QUOTE] Well, they can fine you. You need to clear customs and quarantine, they’re not going to waive that just because you happen to be a citizen. You could still be bringing drugs or disease into the country. ---
**Author:** ![chappachula](https://avatars.discourse-cdn.com/v4/letter/c/d2c977/32.png) [@chappachula](https://boards.straightdope.com/u/chappachula)\ **Post date:** [September 22, 2007, 11:58am UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/8 "2007-09-22T11:58:23Z")
[QUOTE=Koxinga] As a citizen, they can hardly “remove me from the United States”, can they? :eek: [/QUOTE] A US citizen can always live in the US. As a citizen, you have all the rights provided by the law-- and all the responsibilities too. . So no, they cannot throw you **out** of the country. But they can throw you **into** jail-- if you don’t obey the law (including the laws about border crossing. (Disclaimer : I am not an immigration lawyer, a border patrol cop, or a proctologist. So I cannot not give you advice on immigration, border crossing, or how to save your ass) Check the law carefully before you do something you may regret. ---
**Author:** ![Martini\_Enfield](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/martini_enfield/32/11123_2.png) [@Martini\_Enfield](https://boards.straightdope.com/u/Martini_Enfield)\ **Post date:** [September 22, 2007, 12:16pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/9 "2007-09-22T12:16:35Z")
[QUOTE=Koxinga] Thanks, but it looks to me like that answer is aimed at foreign visitors. As a citizen, they can hardly “remove me from the United States”, can they? . . . Or can they? :eek: [/QUOTE] I can’t see why they couldn’t dump you on the Mexican/Canadian side of the border (or maybe a spot of no-man’s land between the two) and make you clear customs and passport control like everyone else legally entering the country… ---
**Author:** ![Koxinga](https://avatars.discourse-cdn.com/v4/letter/k/4af34b/32.png) [@Koxinga](https://boards.straightdope.com/u/Koxinga)\ **Post date:** [September 22, 2007, 12:17pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/10 "2007-09-22T12:17:44Z")
[QUOTE=chappachula] But they can throw you **into** jail-- if you don’t obey the law (including the laws about border crossing. [/QUOTE] What is the law for **citizens** vis-a-vis border crossing? ---
**Author:** ![xnylder](https://avatars.discourse-cdn.com/v4/letter/x/bbce88/32.png) [@xnylder](https://boards.straightdope.com/u/xnylder)\ **Post date:** [September 22, 2007, 12:56pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/11 "2007-09-22T12:56:48Z")
American citizen [Ted Conover](http://www.tedconover.com/) did this for his book [Coyotes](http://www.amazon.com/Coyotes-Journey-Through-Americas-Illegal/dp/0394755189/ref=pd_bbs_sr_3/102-4236170-4280158?ie=UTF8&s=books&qid=1190465544&sr=1-3). He traveled with Mexican illegal immigrants and actually helped smuggle a group of them in at one point (by plane, as a soccer team). He didn’t get caught, but to my knowledge he didn’t get charged after the fact either. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [September 22, 2007, 1:42pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/12 "2007-09-22T13:42:26Z")
OOPS :smack: Wrong thread ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [September 22, 2007, 2:23pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/13 "2007-09-22T14:23:04Z")
[QUOTE=Martini Enfield] I can’t see why they couldn’t dump you on the Mexican/Canadian side of the border (or maybe a spot of no-man’s land between the two) and make you clear customs and passport control like everyone else legally entering the country… [/QUOTE] Actually, I’m pretty sure they can’t do this. First off, there is no “non-man’s land” between the US and Canada or the US and Mexico. Even the Rio Grande is divided into US and Mexican waters. Second, this would amount to deporting a US citizen, which is illegal. Third, why would they? Once they’ve seized you, they can just subject you to any checks and inspections that they want to without having to have you go to a point of entry. ---
**Author:** ![Gala\_Matrix\_Fire](https://avatars.discourse-cdn.com/v4/letter/g/4da419/32.png) [@Gala\_Matrix\_Fire](https://boards.straightdope.com/u/Gala_Matrix_Fire)\ **Post date:** [September 22, 2007, 3:57pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/14 "2007-09-22T15:57:37Z")
[QUOTE=flurb] …Second, this would amount to deporting a US citizen, which is illegal. … [/QUOTE] Not that they did it on purpose, but they [have](http://www.usatoday.com/news/topstories/2007-08-07-3738085601_x.htm) deported American citizens. Obviously this will be less of a problem if you’re crossing the southern border and you don’t look Mexican. I wonder if this ever happens up north. Another illegal thing that has been known to occur is the United States failing to notify the foreign country when it has arrested, tried, and [sentenced it’s citizen to death.](http://www.internationaljusticeproject.org/nationalsJMedinaMexNationals.cfm) ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [September 22, 2007, 9:23pm UTC](https://boards.straightdope.com/t/as-a-us-citizen-could-i-be-charged-with-entering-the-country-illegally/420089/15 "2007-09-22T21:23:13Z")
[QUOTE=bluethree] Not that they did it on purpose, but they [have](http://www.usatoday.com/news/topstories/2007-08-07-3738085601_x.htm) deported American citizens. Obviously this will be less of a problem if you’re crossing the southern border and you don’t look Mexican. I wonder if this ever happens up north. Another illegal thing that has been known to occur is the United States failing to notify the foreign country when it has arrested, tried, and [sentenced it’s citizen to death.](http://www.internationaljusticeproject.org/nationalsJMedinaMexNationals.cfm) [/QUOTE] [Moderating] The second part of your post is irrelevant to the OP. Let’s keep this on track by refraining from dragging in extraneous cases or for that matter general discussion of US treatment of immigrants. You’re welcome to start a thread in GD on those issues if you wish. Colibri General Questions Moderator