Period of Limitation for Improper Entry by an Alien

[Tired_and_Cranky]

Any immigration lawyers on the board? “Illegal” aliens are such under federal law because they purportedly violated 18 U.S.C. § 3282. Generally, non-capital federal crimes are subject to a five-year period of limitation such that if you don’t catch the guilty within five years, they can’t be prosecuted. 18 U.S.C. § 3282. There are lots of exceptions to the general statute though, which provide for longer or shorter periods of limitations.

Does anyone know the specific period of limitation for improper entry?

Second, illegal entry includes three different acts under 18 U.S.C. § 3282, covering:

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Items (1) and (3) are both actions that are complete, for all practical purposes, as soon as the person successfully crosses the border, so the period of limitations begins to run. But what is meant by “elud[ing] examination or inspection by immigration officers”? Does this cover only people who fail to appear before immigration officers after summons or as a condition of release for ongoing deportation proceedings or for like reasons? Or does this effectively cover any person who enters illegally and then doesn’t report in some fashion to immigration officers?

I also recognize that even if people can’t be criminally prosecuted for illegal entry due to the period of limitation, they can still be civilly deported. I’m not asking about that.