(B)  Illegal Re-Entry Exposure.  All noncitizen criminal clients must be informed that the old days, in which coming back to the U.S. after deportation was punished only with repeated deportation, are over.  Harsh federal criminal penalties greet those who (a) are convicted of an aggravated felony, (b) are then deported, and (c) then re-enter the U.S. illegally.  Such a client now faces a maximum 20-year federal prison sentence for illegal re-entry, and a probable minimum term of two and a half or more years.[103]  With a felony conviction not amounting to an aggravated felony, or three or more specified misdemeanor convictions, the maximum is 10 years.[104]

 

[103] See INA § 276(b)(2), 8 U.S.C. § 1326(b)(2), penalizing illegal re-entry by a deported aggravated felon.

[104] INA § 276(b)(1), 8 U.S.C. § 1326(b)(1).

KNOW YOUR RIGHTS RESOURCES
- A "Know Your Rights" flyer published by Casa de Maryland, the National Immigration Project of the National Lawyer's Guild, and Detention Watch Network at http://www.immigrationadvocates.org/link.cfm?18732 (available in English and Spanish). - A flyer by the ACLU of Southern California on "rights and responsibilities" for a person who is stopped by the police at http://www.immigrationadvocates.org/link.cfm?18733 (also available in Spanish). - A folder on "Know-Your-Rights" materials, including flyers in nine languages, at http://www.immigrationadvocates.org/link.cfm?17964. - A folder on Motions to Suppress, including manuals, sample pleadings, a checklist, and court decisions at http://www.immigrationadvocates.org/link.cfm?18734. - "Planning Effective Know Your Rights Presentations for Communities Facing Immigration Enforcement," which provides practical steps that communities can engage in before, during and after an enforcement action at http://www.immigrationadvocates.org/link.cfm?18104. Immigrant Legal Resource Center The Immigrant Legal Resource Center (ILRC) offers a guide for undocumented youth living in the United States at http://www.ilrc.org/files/youth_handbook_english_0.pdf. National Immigration Project of the National Lawyers Guild The National Immigration Project of the National Lawyers Guild provides a fact sheet on Secure Communities at http://www.nationalimmigrationproject.org/community/SC%20factsheet%20NIP%20general%202011.pdf. National Immigration Law Center The National Immigration Law Center (NILC) offers a form for groups and individuals interested in documenting abuses and lodging complaints with the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice's Civil Rights Division at http://www.nilc.org/nilcres_ad.html.