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Original Date Announced
June 21, 2025The Department of Justice's (DOJ) Office of Legal Counsel (OLC) issued an opinion permitting federal prosecutors to charge an individual who "eludes examination or inspection by immigration officers" under 8 U.S.C. § 1325(a)(2) with a continuing violation of federal law. Federal prosecutors can therefore charge the individual "at any place in the United States at which the violation may occur or at which the person charged with a violation . . . may be apprehended" under 8 U.S.C. § 1329.
OLC's opinion withdraws its prior 1978 recommendation that prosecutors charge such offenses solely as a non-continuing offense in the district where the individual entered the U.S. and avoided an inspection station. The opinion recommends that the Criminal Division remove that recommendation from guidance to prosecutors.
Trump 2.0 [ID #1843]
OLC Slip Op. - Whether Eluding Inspection Under 8 U.S.C. § 1325(a)(2) Is a Continuing OffenseEffective Date
June 21, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and Adjudications EnforcementAgencies Affected: DOJAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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