"Illegal" entry into the US by a US Citizen

June 23, 2018 10:42 AM

Are there any statutes regarding re-entry by a US Citizen to the US without going through customs/border control ? Is there a penalty? What's the statute of limitations for punishment if it is a crime?
posted by vespabelle to Law & Government (6 answers total)

Yes there are laws saying that US citizens have to re-enter the US at a port of entry. See this document with guidance for hikers who used to cross from Canada to the US on the Pacific Crest Trail. It cites the relevant regulations as well as the penalties:

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5311114.pdf
posted by muddgirl at 11:01 AM on June 23, 2018 [1 favorite]

Indeed. Same goes for private boats.
posted by humboldt32 at 12:09 PM on June 23, 2018

Best answer: If you're curious, here are the laws mentioned in the PDF found by muddgirl:

• 19 USC §1459, requiring all persons entering the US to present themselves at a port of entry;
• 8 USC §1225, which requires all non-citizens to be interviewed by a immigration officer upon arrival;
• 8 CFR §235.1, which requires all persons to report to a immigration officer at a port of entry upon entering the United States.

Roughly speaking, USC are the actual "laws", and CFR is the federal regulations that have the government has implemented to enforce these laws.

Finally, the statute of limitation for federal non-capital crimes is five years unless otherwise specified.
posted by Johnny Assay at 12:29 PM on June 23, 2018

Response by poster: The incident that prompted this question happened via sailboat in the 1980s (in case anyone is wondering why I asked this question.)
posted by vespabelle at 1:28 PM on June 23, 2018

Holders of NEXUS cards entering by private boat don't have to enter at an official port of entry. They can phone in their location and estimated time of arrival (as well as any goods to declare, etc.). Usually that's all that is required, although sometimes a CBP officer might be there to meet them at the given location and time.
posted by borsboom at 1:33 PM on June 23, 2018 [1 favorite]

There is a Small Vessel Reporting Program for boaters where you don't actually have to visit a CPB office but you do have to file a plan in advance and then call CBP when you make the crossing. I don't know how old this program is, or what the regulations were for pleasure cruises in the 1980s.
posted by muddgirl at 4:19 PM on June 23, 2018 [2 favorites]