Law

Question

Julian entered the U.S. in 2002 and was arrested for human trafficking in 2004. He served 10 years in prison, and returned to his native country in 2014. He attempted to regain entry into the U.S. at a valid port of entry in 2019. The immigration officer denied his re-entry in 2019. Were the officer's actions valid? Why or why not?​

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  • Answer:

    Much of this depends on his immigration status when he committed the crime. If we assume he had illegal status and If he was ordered to leave, he would not be allowed reentry for 5-20 years, if ever. Even if he had a green card, he would be barred from reentry. He was most likely barred from reentry because of a felony.  A felony charge will ensure no reentry. The officer was correct.

    These are for trafficking, each state will have other laws.

    The U.S. Code, Title 22, Chapter 78 – Trafficking Victims Protection

    The Victims of Trafficking and Violence Prevention Act (TVPA)

    The Customs and Facilitations and Trade Enforcement Reauthorization Act of 2009

    The Intelligence Reform and Terrorism Prevention Act of 2004

    The PROTECT Act of 2003

    The Civil Asset Forfeiture Reform Act of 2000 (CAFRA)

    The Mann Act of 1910