What Really Happens When Immigration Laws Are Broken?

With recent headlines dominated by immigration debates, border crossings, and deportation policies, it’s more important than ever to understand how border control and immigration enforcement actually work—what the law says, how it’s applied, and who it affects.

This article offers a concise breakdown of the current U.S. immigration enforcement landscape, including the legal framework behind border control and the realities of deportation proceedings.

Do All Countries Have Border Control?

Yes. All internationally recognized sovereign nations exercise some form of immigration or border control. Even where physical barriers or staffed checkpoints may be absent, laws regulating entry, stay, and exit are still in force.

Border control exists to balance national interests with international engagement. Its key objectives include:

• National Security: Prevent the entry of individuals tied to terrorism, organized crime, drug cartels, or trafficking.

• Sovereignty & Law Enforcement: Enforce rules on who can enter, reside, or work in the country.

• Economic Management: Control labor markets, protect public services, and manage skilled labor inflow.

• Public Health: Screen travelers for disease or enforce quarantines, especially during global outbreaks.

• Social Policy & Diplomacy: Manage cultural integration and enforce sanctions or travel bans aligned with foreign policy.

What Does U.S. Law Say About Illegal Entry?

Under 8 U.S. Code § 1325 (Improper Entry by Alien), it’s a federal misdemeanor for a non-citizen to:

• Enter the U.S. at an unauthorized time or location.

• Evade immigration inspection.

• Lie or conceal facts during entry attempts.

Penalties include:

• Up to 6 months of jail for a first offense.

• Up to 2 years for repeat violations.

• Civil fines of $50–$250 per unauthorized entry.

Under 8 U.S.C. § 1326, reentry after deportation is a felony, punishable by up to 20 years, depending on prior criminal history.

Is Being in the U.S. Without Status a Crime?

Not always. Overstaying a visa, for instance, is generally a civil violation, not a criminal one. However, it still subjects the individual to removal proceedings and potential deportation.

Who Enforces Immigration Laws?

• CBP (Customs and Border Protection) handles enforcement at the border, screening individuals as they enter.

• ICE (Immigration and Customs Enforcement) enforces immigration law within the U.S. interior, including arrests, detention, and removal.

Who Can Be Deported?

The following individuals are subject to removal:

• Those who enter illegally or overstay visas.

• Visa holders who violate visa terms (e.g., working without authorization).

• Green card holders or temporary visa holders convicted of crimes, including:

  • DUI

  • Drug or firearm possession

  • Theft

  • Domestic violence

  • Sex or violent crimes

Even individuals under Temporary Protected Status (TPS), DACA, or humanitarian parole could be deported if their protections lapse or are revoked.

How Does the Deportation Process Work?

Most deportation cases go through immigration court, which can take years. In the meantime, individuals may be:

• Detained

• Released under supervision

• Untracked, but required to check in with ICE

ICE prioritizes deportation of individuals who:

• Have criminal convictions

• Pose public safety risks

From 2021 to 2024, 79% of ICE deportations from the U.S. interior involved people with criminal records.

Why Don’t All People with Removal Orders Get Deported?

Roughly 1.5 million noncitizens have active removal orders. But not all are deported due to:

• Inability to locate the individual

• Countries refusing to accept deportees

Deportation depends on the U.S. securing the home country’s consent and arranging transportation.

How Does Removal Happen?

There are two main types:

1. Judge-issued Removal Orders (formal court process)

2. Expedited Removal by DHS officers (no court hearing)
   

Bars to Reentry After Removal:

• 5 years – expedited removal

• 10 years – court-ordered removal

• 20 years – repeat violators

• Lifetime ban – certain felonies or repeated violations

What About Sanctuary Cities?

Some jurisdictions cooperate fully with ICE, others limit cooperation, especially states like California. Local policies can affect:

• Whether ICE is notified of detainee release

• Whether noncitizens are held for ICE transfer

• The volume of removals in that area

Who Actually Gets Deported?

From 2021–2024, 87% of interior removals involved migrants from Mexico or Central America:

• Mexico: 63%

• El Salvador, Guatemala, Honduras: 24%

Why? The U.S. has repatriation agreements with these countries. By contrast, countries like China, Cuba, India, and Venezuela often refuse deportee returns.

Still, in 2024, ICE completed deportations to 192 countries—despite ongoing challenges.

Final Thoughts

Immigration is complex—and so are the laws and systems designed to manage it. Regardless of where one stands politically, it’s clear that:

• Every country controls its borders in some form.

• The U.S. immigration system includes both criminal and civil enforcement.

• A lasting solution must be comprehensive and enforced consistently.

For more legal insights, subscribe to our YouTube channel.