Punishment for Illegally Entering Countries 2025

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Is Illegal Country Entry Punishable?

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39
Country
Is Illegal Country Entry Punishable?
Punishment
Additional Comments
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.
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.
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.
Pakistan Imprisonment for up to 10 years and fine.
Bangladesh Imprisonment for up to 5 years and fine.
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.
Ethiopia Fine, custodial sentence not exceeding 3 years, or both.
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.
Egypt Imprisonment, fine, or both; deportation.
Philippines Deportation, imprisonment, and fine.
DR Congo Up to 3 months imprisonment, fine, or both; 1 to 6 months imprisonment, fine, or both for illegal reentry.
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).
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.
Thailand Imprisonment not exceeding 2 years, fine, and deportation.
Tanzania Fine, custodial sentence, or both. Recidivism subject to higher fine, longer custodial sentence, or both.
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.
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).)
South Africa Fine or custodial sentence not exceeding 2 years.
Kenya Fine, custodial sentence not exceeding 1 year, or both.
Myanmar Imprisonment for 6 months to 5 years or fine.
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.
Sudan Detention or house arrest until deportation.
Uganda Fine, custodial sentence not exceeding 3 years, or both.
Algeria Detention not exceeding 30 days in immigrant detention camp followed by deportation.
Iraq Imprisonment not exceeding 3 years, fine, or both; deportation.
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.
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.
Morocco Detention in immigration detention center until deportation.
Poland Imprisonment of up to 2 years or fine.Stricter penalties for illegal entry committed in groups or by use of violence.
Uzbekistan Imprisonment from 3 to 5 years or fine.
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.
Ghana Fine, custodial sentence of 3 months to 1 year, or both.
Saudi Arabia Detention until deportation.
Madagascar 6 months to 1 year of imprisonment, fine, or both.
Ivory Coast 1 month to 1 year of imprisonment and fine; 6 months to 3 years imprisonment for illegal reentry.
Cameroon 3 months to 2 years of imprisonment, fine, or both.
Mali 3 months to 3 years of imprisonment, fine, or both.
Sri Lanka Imprisonment for 1 to 5 years and fine.
Taiwan Imprisonment for up to 3 years, detention, and/or fine. Any alien sentenced to imprisonment may be deported.
Zambia Fine, custodial sentence not exceeding 2 years, or both.
Kazakhstan Imprisonment of up to 1 year or fine and deportation.
Chile Imprisonment from 61 days to 5 years and deportation.
Senegal 1 to 3 months imprisonment, fine, or both; 1 to 5 years imprisonment and fine for illegal reentry.
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.
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.
Cambodia Imprisonment for 3 to 6 months and deportation.
Zimbabwe Fine, custodial sentence not exceeding 1 year, or both.
Guinea Deportation; 1 to 5 years imprisonment, fine, or both for illegal reentry.
Rwanda Imprisonment for 30 days to 6 months, fine, or both; 1 to 3 years imprisonment, fine, or both for illegal reentry.
Tunisia Imprisonment and fine; deportation.
Haiti 6 months to 1 year of imprisonment and fine.
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.
Jordan Imprisonment not exceeding six months, fine, or both; deportation.
United Arab Emirates Imprisonment and deportation.
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.
Cuba Imprisonment of 1 to 3 years or fine.Migrants who enter seeking asylum not criminally liable.
Tajikistan Imprisonment from 2 to 5 years or fine.Asylum seekers exempt from punishment.
Papua New Guinea Imprisonment for up to six months or fine.
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.
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.
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.
Hungary Imprisonment of up to 8 years, deportation, and reentry ban.
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.
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
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.
Laos Fine.
Turkmenistan Correctional labor of up to 2 years or imprisonment of up to 2 years.Asylum seekers exempt from punishment.
Libya Imprisonment, fine, or both; deportation.
Kyrgyzstan Imprisonment of up to 2½ years or correctional labor of up to 3 years.
Bulgaria Imprisonment of up to 5 years or fine.
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.
Singapore Imprisonment for up to 6 months and caning with not less than 3 strokes or fine.
Lebanon Fine and deportation.
Liberia Fine, custodial sentence not exceeding 1 year, 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.
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.
Ireland Fine, imprisonment for up to 12 months, or both.
Kuwait Imprisonment not exceeding 30 days, fine, or both; deportation.
Georgia Imprisonment of 3 to 5 years.Asylum seekers exempt from punishment if they turned themselves in to authorities immediately after crossing border.
Qatar Imprisonment not exceeding 3 years, fine, or both; deportation.
Namibia Fine, custodial sentence not exceeding 5 years, or both
Moldova Imprisonment of up to 2 years, community service, or fine.
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.
Jamaica Fine or imprisonment with or without hard labor for up to 3 years, and/or deportation.
Lithuania Imprisonment for up to 2 years, detention, or fine.Punishment does not apply to those who cross border in search of asylum.
Gambia Fine, custodial sentence not exceeding 1 year, or both.
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.
Botswana Fine, custodial sentence not exceeding 10 years, or both.
Lesotho Fine; if fine not paid, custodial sentence not exceeding 2 months
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.
Bahrain Imprisonment for 90 days, fine, or both.
Trinidad and Tobago Fine and imprisonment for 3 years for first offense; double fine and 5 years’ imprisonment for subsequent offenses.
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.
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.
Comoros 6 months to one year of imprisonment and fine.
Guyana 6 months imprisonment and fine.
Bhutan Deportation.Classified as petty misdemeanor.
Macau Deported and banned from reentry within specified time; up to 1 year of imprisonment for reentry in violation of ban.
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.
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.
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.
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.
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.
Saint Lucia Fine, 6 months imprisonment, or both, and/or deportation.
Kiribati Imprisonment for six months and fine.
Seychelles Fine and 3-year prison term.
Grenada Fine
Micronesia Imprisonment up to 2 years, fine, or deportation
Tonga Imprisonment for up to two years, fine, or both, plus removal. Same penalties but up to three years’ imprisonment if previously removed.
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.
Dominica Fine, imprisonment for 1 year, or both.
Turks and Caicos Islands Fine, imprisonment for 2 years, or both.
Marshall Islands Imprisonment up to 5 years, fine, or deportation.
Palau Imprisonment up to 2 years, fine, or deportation.
Cook Islands Fine.
Nauru Fine if no valid visa.
Tuvalu Imprisonment for six months and fine.
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.
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.
United States Deportation.
Nigeria Fine, custodial sentence of 10 years, or both.
Brazil Deportation.
Mexico Deportation
Vietnam Fine and deportation.Administrative offense.
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.
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.
Colombia Fine and deportation.
Spain Fine.
Argentina Deportation.
Angola Expulsion.
Mozambique Expulsion.
Peru Deportation.
Nepal Fine
Venezuela Deportation.
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.
Ecuador Fine and deportation.
Bolivia Deportation for 3 years and fine.
Dominican Republic Deportation.
Czech Republic Illegal border crossing punishable by imprisonment of 1 to 5 years only if committed with use or threat to use violence.
Portugal Expulsion.
Togo 6 months to 2 years imprisonment for illegal reentry.
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.
Paraguay Imprisonment of 3 months to 2 years
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.
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.
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.
Slovakia Fine.Varied administrative fines, processed by police.
Croatia 30-day detention and fine followed by deportation and temporary reentry ban
Bosnia and Herzegovina Deportation.
Slovenia Fine.
North Macedonia Imprisonment of up to 1 year imposed on those who illegally enter while armed or by using violence.
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.
Montenegro 20-day detention or fine.
Maldives Fine and discretionary deportation.
Cape Verde Expulsion.
Sao Tome and Principe Expulsion.
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.
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.
  • 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)