Immigrant Rights Against Illegal Entry Charges

All immigrants should know their rights, even in the difficult scenario of facing immigrant rights issues related to illegal entry charges.

That’s why the Los Angeles immigration lawyers at Lluis Law put their more than half a century of experience in defending the community at your disposal. 

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Our commitment and knowledge provide the necessary support to address these cases. Call us now.

Immigrant rights when facing illegal entry charges into the United States

Every individual in the United States, regardless of their source of income, has rights protected by the Constitution. 

Mere undocumented presence does not constitute a federal crime in and of itself, unless there is reentry following a previous deportation. 

Below are the main rights of immigrants facing charges of illegal entry into the United States:

Right to remain silent

You may refuse to answer questions about your immigration status, country of origin, or date of entry. 

If you decide to exercise this right, make it clear and avoid providing false information or inauthentic documents.

Remember, if you have a valid immigration status such as a Green Card or a valid visa , you must show the document that supports it.

Right to an immigration lawyer

In immigration proceedings, the US government does not assign a free lawyer as it does in criminal cases. 

However, you can hire one of your choice or turn to organizations that offer free or low-cost legal assistance.

Right not to sign documents under pressure

You should not sign voluntary departure orders, deportation orders, or other forms without fully understanding their legal implications. 

If these scenarios occur, you have the right to request time to review them with an attorney.

Right to request immigration relief

Even with irregular entry, you may qualify for protections such as:

• Asylum in the US (subject to current regulations and possible limitations for certain irregular crossings).
• Withholding of removal.
• Protection under the Convention against Torture (CAT).
• U or T visa, for victims of crime or trafficking (Even if you qualify, a U visa can be denied, so it is key to present a strong case).
• Cancellation of removal.
• Adjustment of status in certain cases.

What is considered illegal entry into the United States?

In the United States, illegal entry refers to entering the country without authorization from immigration authorities. This includes, for example:

• Crossing the border without going through an official port of entry.
• Evading inspection by a Border Patrol or Customs and Border Protection (CBP) officer.
• Submitting false or misleading documents to gain entry.

Note: Illegal entry is a misdemeanor offense under Section 1325 of Title 8 of the United States Code. It may result in fines, detention, criminal prosecution, and deportation.

What should I do if I’m facing trespass charges?

If you are facing prosecution for illegal entry or risk of deportation, consider the following:

• Don’t sign anything without reading and fully understanding it. If this is the case, ask for an interpreter if you don’t understand the language or the legal implications.
• Request to speak with an immigration attorney who will evaluate your case and determine if any relief is available.
• Gather evidence to support your story, such as threats, dangerous conditions in your home country, or family ties in the United States.
• Attend all your hearings, as failure to do so may result in an automatic deportation order.

Can I apply for political asylum if I entered the US illegally?

The short answer is yes. Living illegally in the US does not prevent you from applying for asylum, as long as:

• File the application (Form I-589) within one year of your entry.
• Demonstrate past persecution or credible fear of persecution.
• Provide evidence and statements that support your case.

In 2025 and 2026, immigration policies have tightened. If you crossed the southern border without inspection after January 20, 2025, an executive order attempted to prevent these requests. Although a judge blocked the measure, the decision is under appeal.

What happens if I get arrested for trespassing?

The procedure generally proceeds as follows:

• Detention by CBP or ICE: This can occur at the border or within the United States.
• Transfer to a detention center: In many cases, this happens immediately.
• Serving the NTA (Notice to Appear): This document formalizes the beginning of the deportation process.
• Hearing before an immigration judge: Opportunity to present defenses or request some type of immigration relief.
• Possible release on conditions: Depending on your history, ICE may offer an alternative to detention or grant you release on an immigration bond.

What to expect if I am detained by Border Patrol?

Being detained can be a stressful experience. Therefore, it’s important to know how to deal with ICE and other authorities to reduce the risk of detention or deportation. That said, keep in mind that if you are detained, you’re likely to:

• They will ask you a series of brief questions about your immigration status.
• You may be subject to expedited removal under certain criteria. If you fear persecution in your country, tell the officers immediately.
• Authorities search your luggage or vehicle without a warrant.

Note: If you are a US citizen, you do not need to carry proof of citizenship within the US. However, if you have valid immigration documents and are over 18 years of age, you must carry them with you at all times.

How can red cards help me with trespass charges?

If you’re afraid of forgetting your rights, red cards are a practical tool that can help protect you. These cards:

• Contain a clear summary of your constitutional rights.
• Include a statement that you are exercising your right to remain silent.
• Can be handed directly to an officer if they confront you in public.
• Can be slipped under the door if officers come to your home and start asking questions.

To use them correctly:

• Download and print a red card and always carry it in your wallet, purse, or bag.
• If an agent asks you questions, demonstrate them without providing unnecessary verbal information.
• Make sure the officer can read it clearly without compromising your safety.

This resource can make a difference in protecting your rights while obtaining appropriate legal assistance.

Frequently Asked Questions About Immigrant Rights When Charged with Illegal Entry

What criminal consequences can there be?

First-time illegal entry is usually considered a civil infraction or misdemeanor. If committed, it can result in fines, detention, and deportation, with a ban on re-entry for several years.

Illegal reentry after a previous deportation , on the other hand, is a federal crime, punishable by up to two years in prison and higher penalties if there is a serious criminal record. 

For more information, check: How to apply for reentry after deportation.

Can I be deported quickly without going to court?

In some cases, expedited removal may be applied, a procedure that allows deportation without a hearing before an immigration judge. 

This can happen for several reasons, such as an individual being detained near the border or not expressing their intention to request asylum or legal protection .

If you are facing removal proceedings, it is essential to have our immigration attorneys specializing in deportation who can analyze your case and seek legal options for remaining in the country.

What can I do if an immigration officer stops me?

You can remain silent and ask if you can leave. If the officer allows you to, do so calmly. It’s also helpful to know your rights during immigration raids in rural areas, as arrests can occur in different contexts and locations.

What do I do if I think my rights have been violated?

Take down details (license plates, names, agencies), find witnesses, and contact your attorney. You can also prepare your family for an immigration raid so they know what to do if a similar scenario occurs again.

How we can help you protect your immigrant rights against illegal entry charges

At our firm, we understand that facing charges of illegal entry can be a complex and uncertain process. 

That’s why we work to protect your immigrant rights against illegal entry charges with a clear approach backed by experience. 

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We thoroughly analyze your situation, gather solid evidence, and represent you at every stage of the process. Contact us today for a personalized evaluation and begin building a defense that will help protect your future.