No
Unclear
Yes
Paying a fine is a common punishment for illegally entering countries. For instance, the U.S. Code Title 8, Section 1325 states that the criminal penalty for improper entry by an alien includes paying a fine, whether it’s a first-time or subsequent offense.
Civil penalties levied against aliens may also involve a fine, ranging from $50 to $250 or more depending on whether it’s a first-time offense. Additionally, if a person illegally enters the U.S. by committing marriage fraud, they’ll be fined up to $250,000.
Typically, detention is an administrative procedure whereby immigration officials keep illegal immigrants in custody while they wait for expulsion or permission to enter. However, it can also be a criminal procedure if the immigration detainee is awaiting trial or sentencing.
The U.K. is one of the top countries with a well-developed immigration detention system. Detainees are usually held in prisons, Immigration Removal Centers (IRCs), and Short-Term Holding Facilities (STHFs). In the past, the U.K. did not have a time limit on immigration detention, but the country’s parliament recently voted to limit immigration detention to 28 days.
Countries like Hungary have strong anti-immigrant laws and impose the harshest punishment for illegally entering a country - jail. Besides having border fences meant to minimize illegal entry, Hungary also changed its immigration laws so that illegal entry is now a crime, punishable by up to 8 years in prison. The country’s parliament also passed a law that makes it a crime to help an illegal immigrant claim asylum.
Unlike penalties such as imprisonment and corporal punishment, community service is a more humane punishment for illegally entering countries. It’s also an approach that Italy has considered as an effective solution to dealing with illegal immigrants.
The idea behind it is to reduce the expenses associated with hosting illegal immigrants. If free community service is mandatory for asylum seekers, this helps deter illegal immigrants that burden the country’s resources.
Although corporal punishment infringes on human rights, countries like Malaysia have used caning as an immigration control tool. Generally, this is not a common punishment for illegally entering countries, because as mentioned, it’s prohibited under international human rights law.
Deportation and removal are always the final punishment for illegally entering countries. So, even if the illegal immigrant pays a fine or receives some form of punishment, such as imprisonment, they’re still returned to their home country. For instance, Canada has carried out mass deportations of non-citizens in the past.
Once illegal immigrants are caught, processed, and deported, they may be punished further with re-entry bans. For instance, if you’re an illegal immigrant in Australia and you get a re-entry ban, it means you may not be able to enter the country for at least three years. Sometimes the ban can be permanent. Violation of the re-entry ban is usually treated as a criminal offense.
EU - Determined by a member country. Schengen Area Member Countries must introduce penalties for unauthorized crossings of external borders at places other than designated border crossings. Illegally crossing borders to seek asylum is exempted from penalties. EU Member Countries Bulgaria, Croatia, Cyprus, Ireland, Romania, and the UK are not part of Schengen Area; non-EU Member Countries Iceland, Norway, Switzerland, and Liechtenstein are part of Schengen Area.
Rules in countries not listed:
China (Yes, in serious circumstances)
Djibouti (First illegal entry, unclear; illegal reentry, yes)
Guinea (First illegal entry, no; illegal reentry, yes)
Macau (First illegal entry, no; illegal reentry, yes.)
Netherlands (Illegal entry, no; failure to present travel document, yes)
Nigeria (Generally, no; entry after denial of entry, yes.)
Paraguay (Illegal entry generally, no; if false documentation used, yes.)
Togo (First illegal entry, no; illegal reentry, yes)
Country | Is Illegal Country Entry Punishable? | Punishment | Additional Comments |
---|---|---|---|
Albania | Imprisonment of up to 2 years or fine. | Stricter punishment prescribed for assistance in illegal border crossing or sheltering those who cross the border illegally. | |
Algeria | Detention not exceeding 30 days in immigrant detention camp followed by deportation. | ||
Angola | Expulsion. | ||
Argentina | Deportation. | ||
Armenia | Imprisonment of up to 3 years or fine. | Stricter punishment prescribed for illegal border crossing committed by group with prior agreement. Asylum seekers exempt from punishment. | |
Austria | Fine or imprisonment for up to 6 weeks. | Classified as “administrative” offense equivalent to misdemeanor. No punishment for refugees or persons recognized as in need of protection. Administrative prosecution process suspended during asylum application process | |
Azerbaijan | Imprisonment of up to 2 years or fine. | Stricter punishment prescribed for illegal border crossing committed by group with prior agreement. Asylum seekers exempt from punishment. | |
Bahrain | Imprisonment for 90 days, fine, or both. | ||
Bangladesh | Imprisonment for up to 5 years and fine. | ||
Belarus | Fine; increased fine and or imprisonment if aggravating circumstances present. | Illegal reentry committed within one year after fine punishable by increased fine or imprisonment of up to 2 years. Imprisonment of up to 7 years for illegal entry with use of motorized vehicles, by group, or by previously deported person. Asylum seekers exempt from punishment if they turned themselves in to authorities immediately after crossing border. | |
Belgium | 8 days to 3 months of imprisonment, fine, or both for initial illegal entry; 1 month to 1 year imprisonment, fine, or both for repeat offenders or those previously deported less than 10 years prior. | ||
Benin | Fine. | Unclear whether illegal entry is considered crime or merely administrative offense. Only penalty is fine to be determined by Ministers of Interior and Finance, so likely administrative. | |
Bhutan | Deportation. | Classified as petty misdemeanor. | |
Bolivia | Deportation for 3 years and fine. | ||
Bosnia and Herzegovina | Deportation. | ||
Botswana | Fine, custodial sentence not exceeding 10 years, or both. | ||
Brazil | Deportation. | ||
Brunei | Imprisonment for 3 months to 2 years depending on nature of offense, fine, and removal. | Removal for entry outside of port of entry; imprisonment for up to 1 year, fine, and removal for contravening entry control provision; imprisonment for 3 months to 2 years and fine, plus removal, for unlawful entry. | |
Bulgaria | Imprisonment of up to 5 years or fine. | ||
Cambodia | Imprisonment for 3 to 6 months and deportation. | ||
Cameroon | 3 months to 2 years of imprisonment, fine, or both. | ||
Canada | Fine and imprisonment for 6 months or 2 years, depending on nature of offense. In reality, most violators simply deported or ordered to leave. | Unlawful entry or entry at undesignated point not explicitly criminalized but falls under general prohibition against contravening or failing to comply with statutory obligation. | |
Cape Verde | Expulsion. | ||
Cayman Islands | Fine and imprisonment for 1 or 5 years, depending on offense. | For illegal entry, fine and imprisonment for 5 years; for first-time travel document offenses, fine and imprisonment for 1 year. | |
Chile | Imprisonment from 61 days to 5 years and deportation. | ||
China | Imprisonment, criminal detention, or public surveillance, and fine, depending on nature of offense; foreigners also subject to deportation. | Criminal penalties for illegal border crossing: imprisonment for up to 1 year, criminal detention for shorter period, or public surveillance, and fine. Imprisonment for 1 to 3 years and fine if terrorism involved. Public security penalties for illegal border crossing: detention for up to 5 days or fine. Detention for 5–10 days and/or fine for illegal entry under exit & entry law. Foreigners may face deportation for committing any of these offenses. Per Supreme People’s Court and Supreme People’s Procuratorate Interpretations, “serious circumstances” (prerequisite to criminal sanctions) include: (1) harming national interests overseas; (2) repeating offense more than 3 times or in group of more than 3 people; (3) instigating others to join; (4) collaborating with overseas organizations or persons; (5) repeating offense within 1 year after being given administrative penalties for illegal border crossing. | |
Colombia | Fine and deportation. | ||
Comoros | 6 months to one year of imprisonment and fine. | ||
Cook Islands | Fine. | ||
Croatia | 30-day detention and fine followed by deportation and temporary reentry ban | ||
Cuba | Imprisonment of 1 to 3 years or fine. | Migrants who enter seeking asylum not criminally liable. | |
Czech Republic | Illegal border crossing punishable by imprisonment of 1 to 5 years only if committed with use or threat to use violence. | ||
Denmark | Monetary fine or up to six months or three years imprisonment, depending on crime. | Entering/exiting outside of designated border crossings punishable with monetary fines or up to six months’ imprisonment; repeat offenders subject to more severe sentence. Persons who illegally enter to seek asylum not punished. Re-entering Denmark in violation of deportation order punishable with monetary fines or up to three years’ imprisonment. Remaining in Denmark without proper documentation punishable with fine or up to one year of imprisonment. | |
Djibouti | Deportation and fine; 3 to 6 months’ imprisonment for illegal reentry. | Unclear whether first offense is crime or merely administrative offense. Only enalized with fine. | |
Dominica | Fine, imprisonment for 1 year, or both. | ||
Dominican Republic | Deportation. | ||
DR Congo | Up to 3 months imprisonment, fine, or both; 1 to 6 months imprisonment, fine, or both for illegal reentry. | ||
Ecuador | Fine and deportation. | ||
Egypt | Imprisonment, fine, or both; deportation. | ||
El Salvador | Expulsion. | Administrative offense. Ministry of Justice and Public Safety orders expulsion of aliens; General Directorate of Migration and Aliens controls migration and investigates/punishes violations. | |
Estonia | Imprisonment of up to 1 year or fine; enhanced prison term for aggravating circumstances. | Up to 10 years of imprisonment for using face mask, carrying weapons, or endangering human life or property while entering illegally. | |
Eswatini | Fine, custodial sentence not exceeding 6 months, or both. | ||
Ethiopia | Fine, custodial sentence not exceeding 3 years, or both. | ||
Finland | Monetary fines or up to one year of imprisonment, depending on crime. | Illegally crossing the border (Riksgränsbrott) or re-entering Finland in violation of deportation order punishable with monetary fines or imprisonment of up to one year. If illegal entry is “crime in the lesser degree,” only monetary fines prescribed. Persons who illegally enter Finland to seek asylum or who have been subject to human trafficking not punished for illegal entry. | |
France | 1 year of imprisonment and/or fine; 3 years’ imprisonment for illegal reentry. | Perpetrator must be caught in act of illegally entering or immediately afterwards for charges to be brought. Otherwise, undocumented immigrants can be prosecuted for unlawful stay, a distinct offense. (Fabienne Jault-Seseke et al., Droit de la nationalité et des étrangers 441-42 (2015).) | |
Gambia | Fine, custodial sentence not exceeding 1 year, or both. | ||
Georgia | Imprisonment of 3 to 5 years. | Asylum seekers exempt from punishment if they turned themselves in to authorities immediately after crossing border. | |
Germany | Imprisonment of up to 1 year or fine. | If person presents him/herself without delay to authorities and applies for asylum, no criminal charges filed. | |
Ghana | Fine, custodial sentence of 3 months to 1 year, or both. | ||
Greece | Fine and imprisonment for at least 3 months, deportation with or without detention. | Persons not dangerous or a flight risk may be asked to self-deport within max. 30 days. Deportation prohibited if person has been recognized as refugee or has applied for asylum. | |
Grenada | Fine | ||
Guatemala | Fine, 6 months imprisonment, or both; deportation. | Illegal entry, entry through unauthorized places, lack of identity and travel documents, or illegal stay all administrative violations. | |
Guinea | Deportation; 1 to 5 years imprisonment, fine, or both for illegal reentry. | ||
Guyana | 6 months imprisonment and fine. | ||
Haiti | 6 months to 1 year of imprisonment and fine. | ||
Honduras | Fines, imprisonment, and/or deportation, depending on nature of offense. | "Irregular" entry or stay of aliens consists of entry through unauthorized place, noncompliance with rules on entry and stay, and overstaying. Fine for entry through unauthorized place. Imprisonment from 6 months to 3 years followed by expulsion for reentry after prior expulsion. Entry or stay with false documents subject to deportation; criminal penalties apply for falsification. | |
Hungary | Imprisonment of up to 8 years, deportation, and reentry ban. | ||
Iceland | Monetary fines or up to six months imprisonment. | Entering, reentering, or residing in Iceland illegally subject to monetary fine or six months' imprisonment. Penalties waived for persons arriving directly from region where they had reason to fear persecution. | |
India | Imprisonment for 2 to 8 years and fine for illegal entry; up to 3 months’ imprisonment, fine, or both for entry without passport or with forged passport/visa. | ||
Indonesia | Fine and/or imprisonment for up to one year or five years, depending on crime. | Shorter term of imprisonment for knowingly entering without examination by immigration officer at immigration checkpoint; longer term for entering with no legal/valid travel document or visa. | |
Iran | Discretionary imprisonment for one to three years or fine. | Pending bill would amend laws/regulations and exempt from punishment unauthorized border crossers granted or seeking asylum; legal authorities would have max. 3 months to make asylum decision, during which time asylum seekers would be held in special detention centers (https://perma.cc/8J9T-4TCU, in Persian). | |
Iraq | Imprisonment not exceeding 3 years, fine, or both; deportation. | ||
Ireland | Fine, imprisonment for up to 12 months, or both. | ||
Israel | 5 years imprisonment, fine, or both. | 15 years to life imprisonment if offender is armed and offense involves harm to property or public peace. | |
Italy | Fine; 5 to 15 years imprisonment and fine for aggravating circumstances. | Penalties for illegal entry of non-EU persons, reentry after expulsion, reentry of previously removed EU citizens, and stay following expiration of residence permit. (Luigi Modaffari, Il Reato di Ingresso e Soggiorno Illegale nel Territorio dello Stato, Altalex Sept. 18, 2009) Penalties increased if aggravating circumstances present, as defined in law. | |
Ivory Coast | 1 month to 1 year of imprisonment and fine; 6 months to 3 years imprisonment for illegal reentry. | ||
Jamaica | Fine or imprisonment with or without hard labor for up to 3 years, and/or deportation. | ||
Japan | Imprisonment for not more than 3 years and/or fine, and deportation. | Offenders exempt from penalty if they claim before immigration officer that they are refugees who came directly from concerned territories without delay and other conditions met. | |
Jordan | Imprisonment not exceeding six months, fine, or both; deportation. | ||
Kazakhstan | Imprisonment of up to 1 year or fine and deportation. | ||
Kenya | Fine, custodial sentence not exceeding 1 year, or both. | ||
Kiribati | Imprisonment for six months and fine. | ||
Kuwait | Imprisonment not exceeding 30 days, fine, or both; deportation. | ||
Kyrgyzstan | Imprisonment of up to 2½ years or correctional labor of up to 3 years. | ||
Laos | Fine. | ||
Latvia | Short-term detention, community service or fine. | Imprisonment of up to 1 year can be imposed on those previously banned from reentry; stricter punishment if illegal entry committed by group of people or by using vehicle. | |
Lebanon | Fine and deportation. | ||
Lesotho | Fine; if fine not paid, custodial sentence not exceeding 2 months | ||
Liberia | Fine, custodial sentence not exceeding 1 year, or both | ||
Libya | Imprisonment, fine, or both; deportation. | ||
Liechtenstein | Fine. | Administrative offense. Immigration and Passport Office responsible for illegal entry offenses unless individual is repeat offender, in which case Court of First Instance (Landgericht) is responsible authority. | |
Lithuania | Imprisonment for up to 2 years, detention, or fine. | Punishment does not apply to those who cross border in search of asylum. | |
Luxembourg | 8 days to 1 year of imprisonment, fine, or both; 6 months to 1 year of imprisonment, fine, or both for illegal reentry; 1 month to 2 years imprisonment, fine, or both if person entered illegally by lying or presenting forged papers. | ||
Macau | Deported and banned from reentry within specified time; up to 1 year of imprisonment for reentry in violation of ban. | ||
Madagascar | 6 months to 1 year of imprisonment, fine, or both. | ||
Malaysia | Imprisonment for up to five years, fine, or both, plus liable “to whipping of not more than six strokes” and removal. | Fine and/or imprisonment applies to entry without valid entry permit/pass, or entry other than at authorized landing place, airport, or point of entry. Whipping only applicable to entry without valid permit/pass. | |
Maldives | Fine and discretionary deportation. | ||
Mali | 3 months to 3 years of imprisonment, fine, or both. | ||
Marshall Islands | Imprisonment up to 5 years, fine, or deportation. | ||
Mexico | Deportation | ||
Micronesia | Imprisonment up to 2 years, fine, or deportation | ||
Moldova | Imprisonment of up to 2 years, community service, or fine. | ||
Montenegro | 20-day detention or fine. | ||
Morocco | Detention in immigration detention center until deportation. | ||
Mozambique | Expulsion. | ||
Myanmar | Imprisonment for 6 months to 5 years or fine. | ||
Namibia | Fine, custodial sentence not exceeding 5 years, or both | ||
Nauru | Fine if no valid visa. | ||
Nepal | Fine | ||
Netherlands | Imprisonment up to 6 months or fine. | While law does not penalize undocumented entry by itself, failure to provide travel document when requested by border guard subject to criminal penalty. | |
Nicaragua | Fines and detention. | Administrative offense. “Irregular” entry or stay consists of entry through unauthorized place or other than place of official immigration control, entry using falsified or fraudulently obtained passports, stay following expiration of legal residence, or attempting to exit through unauthorized place. Fines apply to aliens not in possession of corresponding identity documents. | |
Nigeria | Fine, custodial sentence of 10 years, or both. | ||
Niue | Imprisonment for up to two years and fine. | Penalties apply for failing to report immediately to immigration officer at designated immigration place and failing to apply for permit. | |
North Macedonia | Imprisonment of up to 1 year imposed on those who illegally enter while armed or by using violence. | ||
Norway | Monetary fines, or up to six months or two years imprisonment, depending on crime. | Failure to enter at designated border crossing from non-Schengen country or residing in country without proper documentation subject to monetary fine or six months’ imprisonment. Reentering in violation of expulsion order punishable with monetary fine or imprisonment for up to two years. Persons seeking asylum exempt from penalties if asylum sought in timely manner. | |
Oman | Imprisonment for 3 months to 3 years, fine, or both; deportation. | ||
Pakistan | Imprisonment for up to 10 years and fine. | ||
Palau | Imprisonment up to 2 years, fine, or deportation. | ||
Papua New Guinea | Imprisonment for up to six months or fine. | ||
Paraguay | Imprisonment of 3 months to 2 years | ||
Peru | Deportation. | ||
Philippines | Deportation, imprisonment, and fine. | ||
Poland | Imprisonment of up to 2 years or fine. | Stricter penalties for illegal entry committed in groups or by use of violence. | |
Portugal | Expulsion. | ||
Qatar | Imprisonment not exceeding 3 years, fine, or both; deportation. | ||
Romania | Imprisonment of 6 months to 3 years or fines. | Imprisonment of up to 5 years imposed on previously deported illegal entrants. Juveniles and victims of human trafficking exempt from prosecution. | |
Russia | Imprisonment or correctional labor of up to 2 years or fine. | Stricter punishment for those whose presence Russia forbids or for groups. Asylum seekers exempt from punishment. | |
Rwanda | Imprisonment for 30 days to 6 months, fine, or both; 1 to 3 years imprisonment, fine, or both for illegal reentry. | ||
Saint Kitts and Nevis | Fine, imprisonment for up to 12 months, or both, and/or deportation. | Act determines “no person may enter ... except at a formal port of entry.” Illegal crossing by not cooperating with or willfully misleading immigration officer is punishable. | |
Saint Lucia | Fine, 6 months imprisonment, or both, and/or deportation. | ||
Samoa | Fine, imprisonment, or both, depending on crime. | Fine only for entry other than in accordance with law or without entry permit; imprisonment for 12 months, fine, or both, for general offense of acting or attempting to act in contravention of, or failing to comply with, any provisions in law. Offenses dealt with summarily following person making an admission and submitting a request in writing penalized by lower fine. | |
Sao Tome and Principe | Expulsion. | ||
Saudi Arabia | Detention until deportation. | ||
Senegal | 1 to 3 months imprisonment, fine, or both; 1 to 5 years imprisonment and fine for illegal reentry. | ||
Serbia | Detention of up to 1 month or fine; enhanced penalty if aggravating circumstances. | Illegal crossing with weapons or use of force criminalized and punished by up to 1 year of imprisonment. | |
Seychelles | Fine and 3-year prison term. | ||
Singapore | Imprisonment for up to 6 months and caning with not less than 3 strokes or fine. | ||
Slovakia | Fine. | Varied administrative fines, processed by police. | |
Slovenia | Fine. | ||
Solomon Islands | Daily fines after 21st day of unlawful presence. | Fine applies for presence as unlawful noncitizen, including noncitizen who enters without valid visa. No fine if person departs before end of twenty-first day of unlawful presence. | |
South Africa | Fine or custodial sentence not exceeding 2 years. | ||
South Korea | Imprisonment for not more than 5 years or fine, and deportation. | Offenders exempt from penalty if they claim they are refugees who came directly from concerned territories without delay before immigration officer and other conditions met. | |
Spain | Fine. | ||
Sri Lanka | Imprisonment for 1 to 5 years and fine. | ||
Sudan | Detention or house arrest until deportation. | ||
Sweden | Monetary fines, or up to six months or one year of imprisonment, depending on crime. | Illegal entry from outside Schengen Area punishable with monetary fines or imprisonment of up to one year. Being present in Sweden without proper documentation subject to monetary fine. Reentering Sweden in violation of deportation order punishable with imprisonment of up to one year, or monetary fines if act is considered “crime in the lesser degree” (ringa brott). Penalties do not apply to persons who timely seek asylum. | |
Switzerland | Imprisonment of up to one year or fine. | If immediately deported, prosecution, committal to court, or imposition of penalties may be dispensed with for foreign nationals who unlawfully entered or left country. | |
Taiwan | Imprisonment for up to 3 years, detention, and/or fine. Any alien sentenced to imprisonment may be deported. | ||
Tajikistan | Imprisonment from 2 to 5 years or fine. | Asylum seekers exempt from punishment. | |
Tanzania | Fine, custodial sentence, or both. Recidivism subject to higher fine, longer custodial sentence, or both. | ||
Thailand | Imprisonment not exceeding 2 years, fine, and deportation. | ||
Togo | 6 months to 2 years imprisonment for illegal reentry. | ||
Tonga | Imprisonment for up to two years, fine, or both, plus removal. Same penalties but up to three years’ imprisonment if previously removed. | ||
Trinidad and Tobago | Fine and imprisonment for 3 years for first offense; double fine and 5 years’ imprisonment for subsequent offenses. | ||
Tunisia | Imprisonment and fine; deportation. | ||
Turkey | Administrative fine, deportation with or without detention. | Persons not dangerous or a flight risk may be asked to self-deport within max 30 days. Deportation prohibited if person has been recognized as person under international protection or has applied for protection. | |
Turkmenistan | Correctional labor of up to 2 years or imprisonment of up to 2 years. | Asylum seekers exempt from punishment. | |
Turks and Caicos Islands | Fine, imprisonment for 2 years, or both. | ||
Tuvalu | Imprisonment for six months and fine. | ||
Uganda | Fine, custodial sentence not exceeding 3 years, or both. | ||
Ukraine | Imprisonment of up to 3 years. | Criminally prosecuted only if illegal entry committed to damage state’s interests or by individuals banned by courts from entering. | |
United Arab Emirates | Imprisonment and deportation. | ||
United Kingdom | Fine, 6 months imprisonment, or both, and deportation. | "Illegal entry" includes entry in breach of deportation order or without leave. May be dealt with as administrative action only, resulting in deportation or removal. | |
United States | Deportation. | ||
Uzbekistan | Imprisonment from 3 to 5 years or fine. | ||
Vanuatu | Imprisonment for up to two years, fine, or both. | Penalties for failing to comply with requirement to enter at appointed port or airport, or entering/attempting to enter without valid visa. Person served with penalty notice who pays amount specified on the notice within 30 days not liable to further proceedings. | |
Venezuela | Deportation. | ||
Vietnam | Fine and deportation. | Administrative offense. | |
Zambia | Fine, custodial sentence not exceeding 2 years, or both. | ||
Zimbabwe | Fine, custodial sentence not exceeding 1 year, or both. |