If you were ever deported from the United States and came back, there is something to understand before taking any immigration step: to the federal government that is not merely an administrative violation — it can be a crime.
At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Here is what is known, what is not, and what you can do.
What happened in Providence?
On September 9, 2026, the U.S. Attorney’s Office for the District of Rhode Island announced that a federal grand jury in Providence returned separate indictments against two men for reentering the country after being removed.
According to the Justice Department:
- Edwin Aldana, 45, a citizen of Guatemala, was ordered removed on November 13, 2006 and removed again on September 7, 2020. He was arrested on June 1, 2026.
- Kevin Osvaldo Lopez Lopez, 25, a citizen of Honduras, was ordered removed on January 12, 2021. He was arrested on July 4, 2026.
Prosecutors allege neither man obtained the required consent of the Secretary of Homeland Security or the Attorney General to apply for readmission. Immigration and Customs Enforcement (ICE) investigated the case, which is being prosecuted by Assistant U.S. Attorney Christine Lowell.
One important note: an indictment is only an accusation. As the Justice Department itself states, both men are presumed innocent unless and until proven guilty.
What exactly is the crime of illegal reentry?
Illegal reentry is codified at 8 U.S.C. § 1326. It punishes anyone who, having been removed or having departed while a removal order was outstanding, reenters or attempts to reenter without prior consent from the authorities.
Penalties turn on the person’s history:
- No aggravating prior convictions: a fine and up to 2 years in prison.
- Removed after a felony conviction, or three misdemeanors involving drugs or crimes against a person: up to 10 years.
- Removed after an “aggravated felony” conviction — an immigration category that sweeps in offenses that are not always serious under state law: up to 20 years.
- Removed through expedited removal: up to 10 years, absent the Attorney General’s express consent.
It has been one of the most frequently filed federal charges in the country for years, and it is not confined to border states: this case was brought in Rhode Island, thousands of miles from the southern border.
Is a criminal case the same as a deportation case?
No — and confusing the two is one of the costliest mistakes we see.
- The criminal case proceeds in federal district court, with the right to a government-paid attorney if you cannot afford one, and it can end in prison time.
- The immigration case is civil and runs separately. There is no appointed counsel there, and someone who already had a removal order typically faces reinstatement of that order under INA § 241(a)(5) — a process in which you generally do not go back before an immigration judge to relitigate the merits.
On top of that sits a bar many people have never heard of: the permanent bar at INA § 212(a)(9)(C). Someone who reenters or tries to reenter without admission after being removed, or after accruing more than a year of unlawful presence, becomes inadmissible and as a rule must spend ten years outside the country before a waiver can even be requested. It is not the same as the 3- and 10-year bars, and it is not solved with a provisional I-601A waiver.
Even so, “difficult” does not mean “impossible” in every case. The law leaves narrow paths open — consent to reapply for admission (Form I-212), protection from return where there is a well-founded fear of persecution or torture, and humanitarian visas such as U, T or VAWA — and each depends entirely on the specific facts in a file.
What should you review if you have a prior deportation?
- Find out what is actually in your record: a FOIA request to USCIS on Form G-639, and one to ICE, can show whether a removal order exists, whether it was entered in absentia, and whether it was executed. Many people are not certain what they have.
- Do not start any filing before that review: submitting an application that reveals a reentry to the wrong agency can trigger exactly what you are trying to avoid.
- If you are detained, stay silent and ask for a lawyer: you have the right not to answer questions about how and when you entered. What you say can become the centerpiece of a criminal charge.
- Be wary of notarios and “consultants”: in several Latin American countries a notary is a lawyer; in the United States a notary is not, and cannot represent you.
- Prepare a family plan: powers of attorney for your children, copies of documents with a trusted relative, and your attorney’s number memorized.
None of these decisions should be made from reading an article. Every case turns on exact dates, the type of order, and criminal history, and each requires an attorney reviewing the documents.
Protect Your Immigration Status with Campos Law Firm
A removal order from 2006 was still producing consequences twenty years later. That is what this case makes clear: immigration history does not expire with time, and any strategy that ignores it is built on sand.
At Campos Law Firm we start by reconstructing your complete record before recommending anything, and we tell you honestly what options genuinely exist — even when the answer is not the one you hoped for. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
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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