Q: What is the sentence for ilegal re entry? Is it always 2 years?

A: NO! There is no such thing as a standard sentence. The Dept. of Homeland Security (DHS) issued new rules recently, called guidelines.

The new guidelines also give immigration officials broad latitude to deport anyone who they deem “poses a risk to public safety or national security.” The guidelines codify and expand upon a pair of executive orders signed by Trump to rapidly escalate deportations of undocumented immigrants, a push that has already reportedly started with sweeps in major U.S. cities in recent weeks — and mark a major shift in U.S. policy, potentially targeting even those whose only crime was crossing the border illegally, after years in which they were mostly left alone by immigration authorities. The memos greatly expand expedited removal of undocumented immigrants, allowing customs agents to deport more people faster and with fewer hurdles. The memos expand the period of expedited removal from two weeks to two years after people enter the country, and eliminate a requirement that they were caught within 100 miles of the border. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

A: No, it can be much longer, perhaps up to fifteen years. It depends upon the judge, prosecutor, sentencing guidelines, and the factors that aggravate and can therefore result in a longer period of jail time. Some factors in aggravation include how many times a person's removal order has been reinstated, the criminal record of the defendant, the number of times that a person has been convicted of illegal re-entry and so on. Usually, something called a pre-sentencing investigation will take place to help the defendant, judge and prosecutor decide on a justifiable sentence. The judge makes the final decision, but a prosecutor's recommendation often, not always, helps the judge. The criminal defense attorney can always argue for a lower sentence, if necessary.