Criminal Defense Lawyers

Federal Illegal Reentry Charges: 8 USC 1326 Defense

Your sitting in a federal detention cell, and the charges say “8 USC 1326 – Illegal Reentry After Removal.” You’re public defender visited for 15 minutes and mentioned a “fast track” plea deal. Your wife called crying becuase your daughter asked why daddy isn’t coming home. ICE says their deporting you anyway, so what’s the point of fighting the criminal case?

Here’s what they won’t tell you: The difference between pleading guilty today and fighting these charges could be 15 years of your life. Federal illegal reentry cases aren’t hopeless—but the window to mount a real defense closes fast. This article explains what’s actually happening in you’re case, the defenses your public defender might not know about, and why 2025 is different then any other year.

What 8 USC 1326 Actually Means (And Why Your Terrified)

Look, here’s the deal. 8 U.S.C. § 1326 is the federal law that makes it a crime—not just a deportation issue, but an actual federal felony—to return to the United States after you’ve been formally removed or deported.

Most people don’t understand this at first. You think your getting deported and that’s it. But no. The government are charging you with a criminal conviction that comes with prison time.

The prosecutors has to prove three things to convict you under 8 USC 1326:

1. Alien Status – That your not a U.S. citizen
2. Prior Removal – That you was previously deported or removed from the U.S.
3. Reentry Without Permission – That you came back into the country without getting permission from the government

Seems simple, right? That’s what they want you to think. But here’s where it gets real—each of these elements can be challenged. The burden of proof is on the government, not you. They gotta prove all three beyond a reasonable doubt.

What most defendants don’t realize is the difference between immigration court and federal criminal court. Immigration court is civil—its about whether you can stay in the country. Federal criminal court is where prosecutors try to put you in prison for 2 to 20 years BEFORE you get deported.

That’s the part nobody tells you. Your facing mandatory detention, possible decades behind bars, then deportation on top of that. Your family doesn’t just lose you for a deportation—they loose you for years while your locked up in a federal facility.

The stakes ain’t just high. Their catastrophic.

You’re Current Situation – What Happens Next

Let me walk you through what’s actually happening to you right now—because the system is moving, and every hour you don’t understand this process is an hour the government uses to build their case against you.

Hour 0-24: The Arrest
Border Patrol or ICE arrests you. Your terrified. They asks questions—and most people talk, thinking cooperation helps. This is Mistake #1. Anything you say gets used as evidence. “When did you cross?” becomes an admission to reentry. “Where’s your family?” becomes the prosecutors argument that your a flight risk.

Day 1-5: Initial Appearance
A magistrate judge informs you of the charges. You’re assigned a public defender. If your in a fast-track district (Arizona, Western Texas), they pressure you to plead guilty immediately.

“The offer expires today.”

What they dont tell you—that “offer” is available 90% of the time even weeks later. But defendants panic and plead guilty to avoid mandatory detention.

Right now, your probably in a federal detention facility, not a state jail. These places is different. Metropolitan Detention Centers. Longer processing times. Worse conditions. Your not getting out unless a judge grants bond—and in 1326 cases, bond is almost never granted becuase your considered a “flight risk” by definition (you reentered after being deported once already).

Week 2-12: Discovery and Investigation
This is where cases are won or lost—but most public defenders don’t do the investigation. Their overloaded with 90+ cases each. Your lawyer should be requesting:

• Immigration court records (A-file)
• Prior deportation paperwork
• Border Patrol arrest reports
• Any evidence of when and where you reentered

But here’s what actually happens. Your public defender shows up, says “the case looks solid,” and tries to negotiate a time served plea. You been sitting in detention for 3-6 months already. They say “accept time served, get deported, and go home to your family.”

Sounds good, right?

Wrong. That plea creates a permanent bar to legal reentry. You can never come back legally. Your U.S. citizen children can’t sponsor you when their 21. Your trapped outside the United States forever—because of a decision made in a 15-minute hearing where no one explained the consequences.

Month 3-6: Plea vs. Trial Decision
Federal trial = 2-3% chance of acquittal but potential for higher sentence if you lose. Plea deal = guaranteed lower sentence but permanent conviction. The calculation depends entirely on the strength of you’re defenses—which brings us to the most important question:

Do you actually have defenses?

Your public defender might not tell you this, but yeah—you might. And some of them could get your entire case dismissed.

The Penalties – What Your Actually Facing

Let’s talk about numbers because this is where the terror really sets in.

The current law under 8 U.S.C. § 1326 says:

• 2 years maximum for simple illegal reentry (no prior felony convictions)
• 10 years maximum if you have a prior felony conviction
• 20 years maximum if you was previously removed after an aggravated felony conviction

But here’s the thing that should terrify you if your case is pending right now in 2025. The Stop Illegal Entry Act passed the House in September 2025. If the Senate passes it—and they probably will—the penalties change to:

• 5-year minimum for anyone with any felony conviction
• 10 years mandatory for ANY illegal reentry, regardless of criminal history
• 10 years to life for reentry after a felony and deportation

Read that again.

Under the new law, even a first-time reentry with no criminal record gets you 10 years mandatory minimum. Right now, that same case might resolve with time served (6 months) and deportation. The difference between resolving your case in 2025 under current law versus waiting for the new law is literally a decade of you’re life.

This ain’t hypothetical. Check the October 2025 analysis from criminal defense attorneys—they’re scrambling to resolve 1326 cases before the Senate votes.

Now let’s talk about the Federal Sentencing Guidelines. These are the rules judges use to calculate you’re sentence. Its complicated, but here’s what you need to know:

Base Offense Level: Starts at 8 for simple reentry
Prior Removal Enhancement: +4 levels if you was removed after a felony conviction
Aggravated Felony Enhancement: +16 levels if your prior conviction was an “aggravated felony”

That 16-level enhancement is where things go sideways. An offense level of 8 = maybe 4-6 months. An offense level of 24 (8 + 16) = 5-7 years. One enhancement changes your sentencing exposure by half a decade.

But here’s the secret your public defender might not know: Your old conviction might not count anymore. The definition of “aggravated felony” has changed multiple times—in 1996, in 2005, again in 2013. If your predicate conviction happened before these law changes, it might no longer qualify as an aggravated felony under current law.

This requires a “categorical approach” analysis, which is insanely technical, but it’s literally the difference between a 2-year guideline and a 10-year guideline.

I seen cases where the prosecutor calculates a 10-year sentence, but the defense attorney does the categorical analysis and brings it down to 2 years. Same case. Same facts. Different lawyer who actually knew the law.

The Defenses That Could Get You’re Case Dismissed

Alright, this is the section that could change everything for you. Most public defenders won’t tell you these defenses exist because—real talk—they don’t have time to investigate them.

But these aren’t theoretical. Their real, and they work in federal court when properly argued.

1. Invalid Deportation Order (The Most Powerful Defense)

Here’s what blows most peoples minds: The government has to prove you was validly removed. If your prior deportation was legally defective, the entire 1326 charge collapses. This is called a “collateral attack” on the underlying removal order.

Your deportation might be invalid if:

• You wasn’t provided an interpreter during your immigration hearing
• You never recieved notice of the hearing
• The immigration judge denied you the right to present evidence
• You was removed through “expedited removal” without a hearing and wasn’t properly informed
• The deportation order contains errors (wrong name, wrong country, wrong A-number)

Most defendants don’t even know they can challenge this. They think, “I got deported, that’s final.” But no—if the deportation violated your due process rights, its not valid. And if its not valid, you can’t be convicted under 1326.

To use this defense, you’re lawyer needs to get your A-file (immigration records). This is the complete record of you’re immigration history, including all deportation orders, hearing transcripts, and notices. The government is required to provide this, but you have to ask for it.

Most public defenders dont.

Check out this Fordham Law Review analysis on challenging deportation orders—it lays out the exact legal framework.

2. Statute of Limitations Defense (The Date They Can’t Prove)

8 USC 1326 has a 5-year statute of limitations. The government must prove you reentered within 5 years of when they filed charges. If they cant prove the date you reentered, they cant meet their burden of proof.

This defense works best if you was arrested in the interior of the United States—not at the border. Think about it:

• Border arrest: Border Patrol catches you crossing. They have exact date, time, location. Statute of limitations is easy to prove.
• Interior arrest: ICE finds you in Chicago during a traffic stop. You been living there for 3 years. How do they prove WHEN you entered? They can’t—unless you tell them.

This is why the right to remain silent is so critical. If you say “I crossed in 2022,” you just handed them there statute of limitations case. If you say nothing, they gotta prove it through other evidence—and often they cant.

I handled a case where ICE arrested a defendant in Boston. He’d been living their for 6 years. The government had no idea when he reentered. They tried to use Facebook posts, work records, everything—but they couldn’t pinpoint a date.

The case got dismissed because the statute of limitations couldn’t be established beyond reasonable doubt.

3. Official Restraint / Involuntary Return

This defense is gaining traction in the 9th Circuit (California, Arizona, some western states). The argument: If you was under “official restraint” or returned involuntarily, you didn’t voluntarily reenter.

Examples that might qualify:

• Mexican authorities forcibly returned you to the U.S. (reverse deportation)
• You was kidnapped and brought across the border
• You was coerced or threatened into returning
• You was detained by foreign police and pushed across the border

This used to be a longshot defense, but recent case law is taking it seriously. If you didn’t voluntarily choose to reenter—if someone else forced you—the element of “reentry” isn’t met.

4. “Found In” vs. Active Border Crossing

8 USC 1326 uses the phrase “found in” the United States. This creates ambiguity. If your arrested years after reentering, the government’s case is weaker then if your caught actively crossing the border.

Why? Because “found in” requires proof of when you reentered. If your discovered living in the U.S. for years, the government has to prove not just that you reentered, but when. This ties into the statute of limitations defense—no date, no case.

5. Single Continuous Crossing

This is a niche defense, but it works in specific fact patterns. If you was caught at the border, sent back to Mexico, and returned within 24-48 hours, some courts treat this as a “single continuous crossing” rather then a separate reentry.

Border Patrol paperwork often doesn’t distinguish between “voluntary return” and “formal removal.” If your initial return wasn’t a formal deportation order, and you came back immediately, you’re lawyer might argue this was one event, not two separate border crossings.

This can reduce a felony reentry charge to a misdemeanor illegal entry charge, or even get it dismissed entirely.

6. Post-COVID “Catch and Release” Ambiguity

Between 2020-2023, COVID protocols created chaos at the border. Thousands of people was given “Notices to Appear” but never formally removed through a deportation hearing with an immigration judge. They was just put on buses to Mexico.

If you wasn’t formally removed in front of a judge, was their actually a valid deportation to violate?

This is brand new legal territory, and cases is being litigated right now in 2025. If you was “released” during COVID without a formal removal proceeding, you might have a defense that no valid predicate deportation exists.

Bottom line: These defenses require investigation. Most public defenders don’t have time to request A-files, analyze categorical approach issues, or challenge statute of limitations. But if you have one of these defenses, it could mean the difference between decades in prison and walking free.

Where You Was Arrested Changes Everything

Here’s something almost no one talks about, but it matters more then what you actually did:

Where you was arrested determines your sentence exposure by 10+ years.

Federal crimes is prosecuted in federal districts. Each district is part of a circuit court of appeals. And different circuits have wildly different case law on 1326 defenses.

5th Circuit (Texas, Louisiana, Mississippi) = Harshest in the Nation

Get charged in the Western District of Texas (El Paso, Del Rio, Laredo)? Your screwed.

The 5th Circuit is the most prosecution-friendly circuit for immigration crimes. They reject almost every defense. Statute of limitations challenges? Denied. Invalid deportation arguments? Denied. Official restraint? Forget about it.

The U.S. Attorney’s Office in the Western District of Texas prosecutes more illegal reentry cases then any district in the country—approximately 80% of all 1326 cases nationwide. They have unlimited resources and zero sympathy. They use “Operation Streamline”—mass hearings where 50-80 defendants plead guilty simultaneously. You get a lawyer for maybe 30 minutes before your herded into a courtroom and pressured to plead guilty.

9th Circuit (California, Arizona, Nevada, Oregon, Washington) = Most Defense-Friendly

Same case filed in Southern District of California (San Diego)? Dramatically better outcomes. The 9th Circuit has the most defendant-friendly precedents. They actually scrutinize invalid deportation claims. They take statute of limitations defenses serious. They’ve developed the “official restraint” defense.

A case that gets you 10 years in Texas might get you 2 years in California. Same facts. Same defendant. Different jurisdiction.

Interior Arrests = Better Leverage

Caught at the border? Prosecutors have all the leverage. Clear evidence of crossing. Recent act. Mandatory detention. Your stuck.

Arrested in Chicago during a traffic stop? New York during an ICE raid? Much better defense position. Why?

• Prosecutors can’t prove WHEN you reentered (statute of limitations issues)
• The underlying deportation may have been years ago (stale paperwork, missing records)
• You might have colorable claims to permission to be here (visa applications pending, DACA, TPS)

The location of your arrest isn’t just a detail—it’s maybe the most important factor in whether your case goes to trial or resolves with time served.

For more on prosecution patterns, check National Immigration Project data on unauthorized reentry prosecutions.

What You’re Public Defender Isn’t Telling You

I need to be blunt here, and I’m not trying to disrespect public defenders—they do incredibly difficult work with impossible caseloads.

But you need to know why their incentivized to push you toward a fast-track plea, and what your giving up when you accept it.

Fast-Track Programs: The Trap

In border districts (Arizona, Western Texas, Southern California), the U.S. Attorney’s Office offers “fast-track” plea agreements. Here’s how it works:

• You plead guilty within 30 days of arrest
• Government recommends a reduced sentence (time served or 6-12 months)
• You waive most of you’re appeal rights
• You get deported immediately after serving your sentence

Sounds good, right? Get it over with fast, minimal prison time, go home to your family.

Here’s what they don’t tell you:

1. You waive ALL defenses—including dismissible ones like invalid deportation orders or statute of limitations
2. The plea creates a permanent bar to legal reentry
3. You can never adjust status, even if you marry a U.S. citizen
4. Your U.S. citizen children can’t sponsor you until their 21 (and even then, you need a waiver)

Public defenders push these deals because it reduces there workload. One 30-minute meeting, a guilty plea, case closed. They can move on to the next 90 cases on their desk.

But if you have a dismissible defense—if your deportation was invalid, if the statute of limitations cant be proven, if you have an official restraint claim—your giving up a potential acquittal for a fast conviction.

Prosecutorial Discretion: Who Qualifies?

Here’s something else your public defender might not mention: Not every 1326 case gets prosecuted. The U.S. Attorney’s Office has limited resources. In non-border districts, they decline to prosecute 40-60% of illegal reentry cases.

Who qualifies for prosecutorial discretion?

• No criminal history (or only minor offenses)
• U.S. citizen children (especially young children)
• Long-term ties to the U.S. (lived here 10+ years, stable employment)
• Compelling humanitarian factors (serious medical conditions, caretaker for U.S. citizen family)

If you fit this profile, you’re lawyer should be requesting declination of prosecution. But this requires contacting the Assistant U.S. Attorney, presenting a declination memo, and making the case for why you’re not a priority.

Public defenders dont do this. They don’t have time. But a private federal criminal defense attorney can—and often, it works. I seen cases where ICE dropped the detainer and the U.S. Attorney declined to prosecute. The defendant walked free.

The ICE Detainer Catch-22

Even if you beat your criminal case, ICE has a civil detainer on you for removal proceedings. This creates a trap: Prosecutors say, “Plead guilty to time served, or fight the case for 18 months in detention while ICE holds you anyway.”

Most defendants think their stuck. But some attorneys can negotiate ICE releasing the detainer as part of a prosecutorial discretion package. This requires coordination between the U.S. Attorney, ICE Enforcement and Removal Operations, and sometimes even DHS headquarters.

Its complicated, but its possible—if your lawyer knows who to call.

For more on defense strategies, see Almonte Law’s federal reentry defense analysis.

Trial vs. Plea – The Decision That Defines You’re Life

Let’s talk about the math, because this decision requires cold, hard analysis, not emotions.

Federal Conviction Rate: 98%
Trial Acquittal Rate: 2-3%
Motion to Dismiss Success Rate: 8-12% in the 9th Circuit, 2% in the 5th Circuit

If you go to trial in federal court, your probably losing. That’s just reality. Federal prosecutors don’t charge cases unless they have overwhelming evidence. They have unlimited resources. They can fly in witnesses from Mexico. They have forensic experts. Your up against the entire United States government.

But—and this is important—trials and motions to dismiss are different things. A motion to dismiss challenges whether the government can prove its case as a matter of law. If you have a valid statute of limitations defense, or an invalid deportation order, you might not need a trial—you might win on a motion.

When Trial Makes Sense

• Strong statute of limitations defense (they cant prove when you reentered)
• Invalid deportation order with documentary proof
• Official restraint claim with witnesses
• Ambiguous “found in” evidence (been here for years, no clear reentry date)
• Government’s case relies entirely on your statements (which were obtained illegally or without Miranda warnings)

When Plea Makes Sense

• You was caught actively crossing the border
• Border Patrol has video evidence
• You confessed to the date of reentry
• Your prior deportation is clearly valid (hearing with a judge, interpreter provided, proper notice)
• The time served offer is genuinely time served (6 months or less)

Plea Negotiation Leverage Points

If your going to plead guilty, do it strategically. Prosecutors offer better deals at two specific times:

1. Right before trial (when their witnesses might not show up)
2. After you win a suppression motion (they realize their case is weaker)

Don’t take the first offer. Let your lawyer investigate. File motions. Force the government to actually prove there case. They might offer a better deal once they see your serious about fighting.

For case outcome data, see federal criminal attorneys’ reentry case analysis.

What Happens to You’re Family (The Part That Actually Matters)

Forget the legal jargon for a minute. Let’s talk about what this really means for the people you love—because that’s what keeps you up at night in your detention cell, right?

A 8 USC 1326 conviction creates a permanent bar to legal reentry. Not temporary. Permanent.

You can’t come back. Ever.

Unless you qualify for a waiver, which requires waiting 10-20 years outside the United States before you can even apply.

The I-212 Waiver Trap

There’s a waiver called an I-212 that can overcome the reentry bar. But here’s the catch:

• You have to wait 10 years outside the U.S. if you have one prior deportation
• You have to wait 20 years if you have multiple deportations or a criminal conviction
• If you reenter illegally while waiting, you lose waiver eligibility forever
• The waiver isn’t guaranteed—it’s discretionary

Your daughter is 8 years old. She graduates high school in 10 years. She graduates college in 14. She gets married in 20.

Your gonna miss all of it. Because of a decision you made in a 15-minute plea hearing.

Can You Come Back If You Marry a U.S. Citizen?

Short answer: No. Not without a waiver.

Long answer: Marriage to a U.S. citizen does NOT override a criminal conviction bar. If you plead guilty to 1326, your barred from adjustment of status. Your spouse can’t sponsor you. You have to leave the U.S., wait 10-20 years, apply for the I-212 waiver, then maybe—MAYBE—get approved to return.

This is why accepting a fast-track plea without understanding the consequences is so dangerous.

The Aging Out Problem

You’re U.S. citizen children can sponsor you for a green card once they turn 21. But even then, you still need the I-212 waiver to overcome the reentry bar. So if your child is 5 years old today:

• They turn 21 in 16 years
• They sponsor you for a green card
• You still need the 10-year waiver waiting period (which started when you was deported)
• Best case scenario: You come back when there 26 years old

You missed there entire childhood. There teenage years. There college graduation. There wedding.

Because of a federal conviction.

Why You Can’t Just “Try Again”

Some defendants think, “I’ll get deported, wait a few years, and try to sneak back in again.”

No. Don’t do that.

If you reenter illegally after a 1326 conviction, you’re facing 20 years mandatory minimum under the enhanced penalties provision. You lose all waiver eligibility. You destroy any chance of ever returning legally.

This is a generational decision. What you do right now determines whether your grandchildren ever meet you.

Why 2025 Is Different – The Clock Is Ticking

Every year, I tell clients “now is the time to act.” But 2025 actually is different, and here’s why you need to understand the urgency.

The Stop Illegal Entry Act (House Passed September 2025)

The Stop Illegal Entry Act passed the House in September 2025. Its now in the Senate. If it passes—and based on current political dynamics, it probably will—penalties for 8 USC 1326 violations triple.

Current law penalties:

• 2 years (simple reentry)
• 10 years (prior felony)
• 20 years (aggravated felony)

Proposed law penalties:

• 10 years mandatory minimum for ANY reentry
• 10 years to life for reentry after any felony
• 5-year minimum for anyone with any prior criminal conviction

If your case is pending right now, you have a window to resolve it under current law. Once the Senate passes the bill and the President signs it, sentences skyrocket. A case that resolves with time served today becomes a 10-year mandatory minimum tomorrow.

For detailed analysis, see Carey Law Office’s October 2025 breakdown.

2025 DHS Enforcement Priorities

The Department of Homeland Security issued new enforcement priorities for 2025. Their focusing on:

• Aggravated felons who reentered
• Gang members
• Repeat reentry offenders (third or fourth time back)
• People with violent criminal histories

If you don’t fit these categories—if your a first-time reentry with no criminal history—you might qualify for prosecutorial discretion RIGHT NOW. But once enforcement ramps up, that window closes.

The Constitutional Challenge Wild Card

There’s a growing movement among federal defenders to challenge 8 USC 1326 on equal protection grounds. The argument: 1326 is the ONLY federal crime that requires proof of national origin (you must be an “alien”). This is essentially racial profiling codified into law.

While courts haven’t struck down the statute yet, if any circuit court invalidates 1326 as unconstitutional, thousands of convictions could be overturned. Defense attorneys are preserving this issue for appeal in every case.

For current legal developments, check Rossen Law’s February 2025 update on Title 8 USC 1326.

What You Need to Do Right Now

Alright, so you’ve read all this. Now what? Here’s you’re action plan—specific steps you can take today to protect yourself:

1. Request You’re A-File (Immigration Records)

You have the right to request your complete immigration file. This includes:

• All deportation orders
• Immigration court hearing transcripts
• Notices of hearing
• Records of representation
• Any applications you filed

You’re lawyer should request this immediately through a FOIA request or subpoena. The government has to provide it. This file might contain proof that your deportation was invalid—but only if you ask for it.

2. Exercise You’re Right to Remain Silent

Don’t talk to ICE. Don’t talk to Border Patrol. Don’t talk to federal agents.

Not without a lawyer present.

I don’t care if they promise you a better deal, threaten you with worse charges, or act friendly and say their just trying to help.

Anything you say will be used against you. Especially:

• When did you cross?
• Where did you cross?
• Have you been back before?
• Where is your family?

Every answer to these questions gives them evidence. Say nothing.

3. Don’t Accept Fast-Track Without Investigation

If your in a fast-track district and your public defender is pushing you to plead guilty immediately, ask these questions:

• Have you reviewed my A-file?
• Was my prior deportation conducted in front of an immigration judge?
• Was I provided an interpreter?
• Can the government prove when I reentered?
• Do I have any defenses to challenge this charge?

If you’re lawyer can’t answer these questions, they haven’t investigated your case. Don’t plead guilty.

4. Request Prosecutorial Discretion (If You Qualify)

If you have:

• No criminal history (or only minor offenses)
• U.S. citizen children
• Long-term ties to the United States
• Compelling humanitarian factors

Your lawyer should submit a prosecutorial discretion request to the U.S. Attorney’s Office. This might get your case declined for prosecution.

5. Get You’re U.S. Citizen Children’s Birth Certificates

If you have U.S. citizen children, get copies of there birth certificates immediately. Have your family send them to your lawyer. This is critical evidence for prosecutorial discretion requests and for sentencing mitigation.

6. Document You’re Community Ties

Gather evidence of your ties to the United States:

• Employment records
• Tax returns
• Lease agreements
• Utility bills
• Letters from community members
• Church records

This doesn’t make the criminal charges go away, but it helps with prosecutorial discretion and sentencing.

7. Hire a Federal Criminal Defense Attorney (Not Just an Immigration Lawyer)

Immigration lawyers handle civil deportation cases. You need a federal criminal defense attorney for a 1326 prosecution. These are different skill sets. A good immigration lawyer might not know how to challenge a statute of limitations defense or file a motion to dismiss in federal criminal court.

Questions to ask any lawyer you consult:

• How many 8 USC 1326 cases have you handled?
• Have you ever gotten a 1326 case dismissed?
• Do you know how to challenge the underlying deportation order?
• What’s your success rate on motions to dismiss in federal court?
• Can you coordinate with ICE for prosecutorial discretion?

If they can’t answer these questions, keep looking.

For more on what to look for in representation, see Neyman Law’s federal illegal reentry defense guide.

Final Thoughts

Federal illegal reentry cases feel impossible when your sitting in detention facing years away from you’re family. The system wants you to believe your powerless. They want you to accept the first plea offer and disappear quietly.

But dismissible defenses exist—the government has to prove there case, and sometimes they cant. Invalid deportation orders collapse the entire prosecution. Statute of limitations problems create reasonable doubt. Prosecutorial discretion gets cases declined before trial.

The difference between accepting the first plea offer and actually investigating you’re case is measured in years of freedom. You have one chance to get this right—federal convictions are nearly impossible to appeal or overturn later.

What you do in the next 30 days determines whether you see you’re children grow up or watch from behind bars, then from another country. Your family is counting on you to fight.

Don’t give up before the fight even starts.

For the full text of the statute, see the official 8 USC 1326 code on House.gov.