You’ve walked across the U.S.-Mexico border. Border Patrol agents have arrested you and transported you to one of their detention centers. You’re shivering in a concrete cell; now what?
You’ll be prosecuted for the criminal offense of illegal entry, a violation of 8 U.S. Code § 1325. Improper entry by alien — (a) Improper time or place:
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.
That is, if this is your first time being arrested for crossing the border at an “improper time or place,” you could be imprisoned for up to six months, then deported back to your country of origin.
If this is your second time, you could be imprisoned for up to two years before being deported.