On the recordSeptember 11, 2025
The issue with your characterization, sir, is number one, someone who enters illegally must be convicted of illegally entering the country. Then they must be convicted of illegally reentering the country to get a felony conviction. There is no compulsion to charge the most serious layers of this offense. There is prosecutorial discretion. Under this law, if someone is apprehended, they can be deported without any charging, and that is where the misconception and the mischaracterization is. If someone is convicted of illegal reentry and deported and they come back, a prosecutor would have the discretion to charge the 10-year minimum. It is not compulsory. It is within the discretion but, yes, he would meet the element.
Source
govinfo.gov
