Many people believe “illegal entry” and “deportation” are the same thing. They are not, and confusing them leads to decisions that cannot be undone later.
At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Here is what prosecutors reported and what each type of case means.
What did Arizona prosecutors report?
On September 4, 2026, the U.S. Attorney’s Office for the District of Arizona reported that during the week of August 29 to September 4, it filed immigration charges against 265 people. The official breakdown:
- 128 cases of illegal reentry (reentry of a removed person).
- 124 people charged with illegal entry.
- 13 people in 12 cases for alleged human smuggling or transportation.
The operations involved ICE-ERO, ICE-HSI, the Border Patrol, DEA, FBI, the U.S. Marshals Service, and ATF.
The office notes in its release that a criminal complaint is a formal accusation of criminal conduct and that all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This figure is not an isolated event: the Arizona office publishes a weekly report, and recent weeks have run in the same range, between 200 and 330 people. It is a sustained prosecution strategy, not a one-off operation.
What is the difference between illegal entry and reentry?
They are two distinct federal offenses, with very different consequences.
- Illegal entry (8 U.S.C. § 1325): entering the United States outside a port of entry or eluding inspection. A first offense is a misdemeanor, punishable by up to six months.
- Illegal reentry (8 U.S.C. § 1326): reentering, or attempting to, after having been removed or after departing with a removal order outstanding. It is a felony, with a base penalty of up to two years that rises substantially with certain prior criminal history.
- Transporting or smuggling (8 U.S.C. § 1324): bringing in, transporting, or harboring a person knowing they entered without authorization. Penalties are higher and increase with financial gain, injury, or death.
The gap between §1325 and §1326 is the one most often underestimated. A reentry after a prior removal is not a repeat of the same problem: it is a criminal case of a different order.
Does a criminal case replace the deportation case?
No. And this is the costliest confusion we see.
They are two parallel tracks. The criminal case goes before a federal district judge and decides guilt and sentence. The removal case is civil, goes before an immigration judge at EOIR, and decides whether the person can stay. Finishing one does not close the other: typically a person serves the criminal sentence and then moves into immigration custody.
The practical consequence is that a decision made in the criminal case can close immigration doors that were open. A guilty plea negotiated quickly, without analyzing the immigration effect, can affect eligibility for asylum or cancellation, destroy the good moral character requirement, or create a ground of inadmissibility. The Supreme Court held in Padilla v. Kentucky (2010) that criminal defense counsel has a duty to advise about the immigration consequences of a plea. It is worth asking for that conversation explicitly.
And there is an asymmetry almost no one knows about and should use: in the federal criminal case you have the right to a government-paid attorney if you cannot afford one, because it is a criminal proceeding. In Immigration Court that right does not exist: if you do not hire representation, you go alone.
What should you do if a relative is detained?
- Find out exactly which process they are in. Federal district court or Immigration Court? The type of case determines everything else. An attorney can confirm it with the case number.
- Write down and keep the basics: full name as it appears on the documents, date of birth, A-number if there is one, place of detention, and case number.
- Locate them in the ICE detainee system (locator.ice.gov) and check the immigration case on the EOIR line, 1-800-898-7180.
- Have them sign nothing without advice, especially a voluntary departure or a waiver of the hearing. Signing speeds up removal and can close options that existed.
- If there is a public defender in the criminal case, ask directly about the immigration effect of any plea, and coordinate with an immigration attorney before accepting it.
- Gather the family’s immigration documents: birth and marriage certificates, proof of time in the country, children’s medical and school records. If a form of relief becomes available later, that evidence is what supports it.
- Update your address with the court (Form EOIR-33) and USCIS (Form AR-11). A lost notice can end in an order entered in absentia.
Protect Your Family with Campos Law Firm
A border detention can turn into two separate proceedings at the same time, each with its own rules and deadlines. What is decided in one affects the other.
At Campos Law Firm we identify where each proceeding stands, coordinate with criminal defense when needed, and assess which immigration options remain open. Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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