Re-entering the United States after deportation is what kind of offense?

• A. Misdemeanor
• B. Felony
• C. Civil offense
• D. Administrative violation

Answer: (B)

The key idea is that re-entering the United States after deportation is a criminal offense under federal law. The statute that covers this, 8 U.S.C. 1326, makes illegal reentry after removal a crime. The base charge carries a misdemeanor with up to two years in prison. But the law provides criminal-penalty enhancements for certain circumstances—such as having been previously removed and reentering, reentering within a certain time after removal, or having an aggravated‑felony conviction—which can push the penalties up to about 20 years. Because of these possible severe penalties, this offense is treated as a felony in many cases, rather than a civil or administrative violation.