What Is Illegal Reentry After Deportation in Texas?

Illegal reentry after deportation is a serious federal crime prosecuted aggressively throughout Texas — particularly in the San Antonio area.

If you were previously removed from the United States and are accused of reentering without proper authorization, you may face federal charges under 8 U.S.C. § 1326.

These cases carry severe penalties, including prison time, fines, and additional immigration consequences.

At The Law Offices of Thomas J. McHugh, PLLC, we provide strategic federal defense representation for individuals facing illegal reentry charges in San Antonio and throughout Texas.

What Does “Illegal Reentry” Mean?

Illegal reentry occurs when:

A person has been formally removed or deported from the United States
The individual later reenters or is found in the U.S.
The reentry occurred without lawful permission from the federal government

Even simply being “found” in the United States after deportation can trigger prosecution — even if no new border crossing is proven.

What Law Governs Illegal Reentry?

Illegal reentry is prosecuted under 8 U.S.C. § 1326, a federal statute.

To convict someone, prosecutors must prove:

The person was previously removed or deported
The person reentered or was found in the United States
The reentry occurred without legal authorization

These cases are typically investigated by:

Immigration and Customs Enforcement (ICE)
Department of Homeland Security (DHS)
U.S. Border Patrol

What Are the Penalties for Illegal Reentry?

The penalties depend on your prior record.

Basic Illegal Reentry:

Up to 2 years in federal prison

If You Have Prior Felony Convictions:

Up to 10 years in prison

If You Have Prior Aggravated Felony Convictions:

Up to 20 years in federal prison

Federal sentencing guidelines may significantly increase exposure depending on prior criminal history.

Why Illegal Reentry Is Prosecuted So Aggressively in Texas

Texas, especially the Western and Southern Districts, sees a high volume of illegal reentry prosecutions.

Federal prosecutors often pursue these cases swiftly and aggressively.

Conviction rates in federal court are high, and many defendants are pressured into plea agreements early in the process.

Are There Defenses to Illegal Reentry Charges?

Yes — although these cases are complex.

Possible defense strategies may include:

Challenging the validity of the prior deportation order
Arguing procedural due process violations
Contesting identity
Challenging unlawful searches or arrests
Suppressing improperly obtained statements

Each case requires a detailed review of immigration history, criminal records, and arrest procedures.

Immigration Consequences Beyond Prison

A conviction for illegal reentry can result in:

Additional removal proceedings
Permanent bars to reentry
Enhanced penalties for future immigration relief
Collateral consequences affecting family petitions

This is why coordination between criminal defense and immigration strategy is critical.

What Should You Do If You’re Charged With Illegal Reentry?

If ICE agents or federal officers arrest you or attempt to question you:

Do not answer questions
Do not sign documents without legal counsel
Request an attorney immediately

Anything you say can be used against you in federal court.

Federal Charges Require Federal Defense Experience

Illegal reentry cases are handled in federal court, which operates differently from Texas state courts.

Federal sentencing guidelines, evidentiary standards, and plea negotiations require a defense attorney experienced in federal litigation.

At The Law Offices of Thomas J. McHugh, PLLC, we aggressively defend clients facing federal immigration-related crimes in San Antonio and throughout Texas.