Being charged with illegal reentry is a serious federal offense that can carry harsh penalties, including prison time and a permanent bar from legally returning to the United States. If you or a loved one has been arrested in Texas for reentering the country after deportation, understanding your legal options is essential.

Here’s what you should know—and do—immediately if you’re facing charges under 8 U.S.C. § 1326, the federal law that governs illegal reentry.

Step 1: Understand the Charge

Illegal reentry applies when someone who has been previously removed or deported from the United States reenters without permission from the Attorney General or the Secretary of Homeland Security. This charge is handled in federal court and often prosecuted aggressively—especially in border districts like the Western District of Texas, which includes San Antonio.

You can be charged even if:

• Your prior removal was years ago
• You reentered to reunite with family or seek safety
• You were unaware of the legal implications of returning

Step 2: Exercise Your Right to Remain Silent

After an arrest, federal agents or ICE officers may try to question you. What you say can and will be used against you in court. You are not required to answer questions about your immigration status, travel history, or criminal record.

Do not sign any documents or make statements until you have spoken with a defense attorney who handles immigration-related criminal charges.

Step 3: Contact a Federal Criminal Defense Attorney

Illegal reentry cases move quickly through the federal system. A timely and effective defense can make the difference between incarceration and a more favorable resolution.

At The Law Offices of Thomas J. McHugh, PLLC, we help clients across San Antonio and South Texas navigate complex federal charges. Whether you’re facing detention, plea negotiations, or trial, your defense starts with a clear, strategic plan tailored to your case.

Step 4: Know the Penalties

Illegal reentry is punishable by:

• Up to 2 years in federal prison for basic reentry
• Up to 10 or 20 years if you have prior convictions, including aggravated felonies or drug offenses
• Fines and permanent removal orders

The actual sentence depends on your prior criminal and immigration history, as well as federal sentencing guidelines.

Step 5: Build a Strong Legal Defense

There are several legal defenses that may apply, including:

• You were not lawfully removed in the first place
• You had permission to reenter (e.g., asylum claim pending)
• You reentered under duress or necessity
• Constitutional violations during arrest or questioning

Your attorney may challenge the validity of prior deportation orders, argue for a downward departure in sentencing, or negotiate for a lesser charge.

Step 6: Consider the Impact on Immigration Status

A conviction for illegal reentry can affect any future attempt to return legally to the U.S. If you have family in the country or pending immigration petitions, your defense may also involve immigration law considerations. Coordinating criminal and immigration defense strategies is crucial.



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If you or a loved one has been charged with illegal reentry in Texas, don’t wait. Early legal intervention can change the course of your case.