US CODE: IMPROPER ENTRY BY ALIEN

Illegal Entry is a Crime
 
Under Title 8, Section 1325 (http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001325----000-.html) of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:
  • Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
  • Eludes examination or inspection by immigration officers; or
  • 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; has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
  

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325

§ 1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

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.

(b) Improper time or place; civil penalties

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(c) Marriage fraud

Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Immigration-related entrepreneurship fraud

Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

  

http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001325----000-.html 

  

Part VIII—General Penalty Provisions

  • § 1321. Prevention of unauthorized landing of aliens
  • § 1322. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
  • § 1323. Unlawful bringing of aliens into United States
  • § 1324. Bringing in and harboring certain aliens
  • § 1324a. Unlawful employment of aliens
  • § 1324b. Unfair immigration-related employment practices
  • § 1324c. Penalties for document fraud
  • § 1324d. Civil penalties for failure to depart
  • § 1325. Improper entry by alien
  • § 1326. Reentry of removed aliens
  • § 1327. Aiding or assisting certain aliens to enter
  • § 1328. Importation of alien for immoral purpose
  • § 1329. Jurisdiction of district courts
  • § 1330. Collection of penalties and expenses
Also, see...
General Penalty Provisions
http://caselaw.lp.findlaw.com/casecode/uscodes/8/chapters/12/subchapters/ii/parts/viii/toc.html
 
Immigration Enforcement Within the United States
Congressional Research Service Report
PDF http://trac.syr.edu/immigration/library/P459.pdf