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Is Illegal Country Entry Punishable?

No

Unclear

Yes

Click on a country for details.

Punishment for Illegally Entering Countries 2024

Monetary Fines - United States

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.

Detention - UK

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.

Imprisonment - Hungary

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.

Community Service - Italy

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.

Corporal Punishment - Malaysia

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 - Canada

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.

Bans - Australia

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.

Notes:
- 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)

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Country
Is Illegal Country Entry Punishable?
Punishment
Additional Comments
AlbaniaImprisonment of up to 2 years or fine.Stricter punishment prescribed for assistance in illegal border crossing or sheltering those who cross the border illegally.
AlgeriaDetention not exceeding 30 days in immigrant detention camp followed by deportation.
AngolaExpulsion.
ArgentinaDeportation.
ArmeniaImprisonment 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.
AustriaFine 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
AzerbaijanImprisonment 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.
BahrainImprisonment for 90 days, fine, or both.
BangladeshImprisonment for up to 5 years and fine.
BelarusFine; 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.
Belgium8 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.
BeninFine.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.
BhutanDeportation.Classified as petty misdemeanor.
BoliviaDeportation for 3 years and fine.
Bosnia and HerzegovinaDeportation.
BotswanaFine, custodial sentence not exceeding 10 years, or both.
BrazilDeportation.
BruneiImprisonment 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.
BulgariaImprisonment of up to 5 years or fine.
CambodiaImprisonment for 3 to 6 months and deportation.
Cameroon3 months to 2 years of imprisonment, fine, or both.
CanadaFine 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 VerdeExpulsion.
Cayman IslandsFine 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.
ChileImprisonment from 61 days to 5 years and deportation.
ChinaImprisonment, 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.
ColombiaFine and deportation.
Comoros6 months to one year of imprisonment and fine.
Cook IslandsFine.
Croatia30-day detention and fine followed by deportation and temporary reentry ban
CubaImprisonment of 1 to 3 years or fine.Migrants who enter seeking asylum not criminally liable.
Czech RepublicIllegal border crossing punishable by imprisonment of 1 to 5 years only if committed with use or threat to use violence.
DenmarkMonetary 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.
DjiboutiDeportation and fine; 3 to 6 months’ imprisonment for illegal reentry.Unclear whether first offense is crime or merely administrative offense. Only enalized with fine.
DominicaFine, imprisonment for 1 year, or both.
Dominican RepublicDeportation.
DR CongoUp to 3 months imprisonment, fine, or both; 1 to 6 months imprisonment, fine, or both for illegal reentry.
EcuadorFine and deportation.
EgyptImprisonment, fine, or both; deportation.
El SalvadorExpulsion.Administrative offense. Ministry of Justice and Public Safety orders expulsion of aliens; General Directorate of Migration and Aliens controls migration and investigates/punishes violations.
EstoniaImprisonment 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.
EswatiniFine, custodial sentence not exceeding 6 months, or both.
EthiopiaFine, custodial sentence not exceeding 3 years, or both.
FinlandMonetary 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.
France1 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).)
GambiaFine, custodial sentence not exceeding 1 year, or both.
GeorgiaImprisonment of 3 to 5 years.Asylum seekers exempt from punishment if they turned themselves in to authorities immediately after crossing border.
GermanyImprisonment of up to 1 year or fine.If person presents him/herself without delay to authorities and applies for asylum, no criminal charges filed.
GhanaFine, custodial sentence of 3 months to 1 year, or both.
GreeceFine 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.
GrenadaFine
GuatemalaFine, 6 months imprisonment, or both; deportation.Illegal entry, entry through unauthorized places, lack of identity and travel documents, or illegal stay all administrative violations.
GuineaDeportation; 1 to 5 years imprisonment, fine, or both for illegal reentry.
Guyana6 months imprisonment and fine.
Haiti6 months to 1 year of imprisonment and fine.
HondurasFines, 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.
HungaryImprisonment of up to 8 years, deportation, and reentry ban.
IcelandMonetary 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.
IndiaImprisonment 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.
IndonesiaFine 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.
IranDiscretionary 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).
IraqImprisonment not exceeding 3 years, fine, or both; deportation.
IrelandFine, imprisonment for up to 12 months, or both.
Israel5 years imprisonment, fine, or both.15 years to life imprisonment if offender is armed and offense involves harm to property or public peace.
ItalyFine; 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 Coast1 month to 1 year of imprisonment and fine; 6 months to 3 years imprisonment for illegal reentry.
JamaicaFine or imprisonment with or without hard labor for up to 3 years, and/or deportation.
JapanImprisonment 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.
JordanImprisonment not exceeding six months, fine, or both; deportation.
KazakhstanImprisonment of up to 1 year or fine and deportation.
KenyaFine, custodial sentence not exceeding 1 year, or both.
KiribatiImprisonment for six months and fine.
KuwaitImprisonment not exceeding 30 days, fine, or both; deportation.
KyrgyzstanImprisonment of up to 2½ years or correctional labor of up to 3 years.
LaosFine.
LatviaShort-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.
LebanonFine and deportation.
LesothoFine; if fine not paid, custodial sentence not exceeding 2 months
LiberiaFine, custodial sentence not exceeding 1 year, or both
LibyaImprisonment, fine, or both; deportation.
LiechtensteinFine.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.
LithuaniaImprisonment for up to 2 years, detention, or fine.Punishment does not apply to those who cross border in search of asylum.
Luxembourg8 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.
MacauDeported and banned from reentry within specified time; up to 1 year of imprisonment for reentry in violation of ban.
Madagascar6 months to 1 year of imprisonment, fine, or both.
MalaysiaImprisonment 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.
MaldivesFine and discretionary deportation.
Mali3 months to 3 years of imprisonment, fine, or both.
Marshall IslandsImprisonment up to 5 years, fine, or deportation.
MexicoDeportation
MicronesiaImprisonment up to 2 years, fine, or deportation
MoldovaImprisonment of up to 2 years, community service, or fine.
Montenegro20-day detention or fine.
MoroccoDetention in immigration detention center until deportation.
MozambiqueExpulsion.
MyanmarImprisonment for 6 months to 5 years or fine.
NamibiaFine, custodial sentence not exceeding 5 years, or both
NauruFine if no valid visa.
NepalFine
NetherlandsImprisonment 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.
NicaraguaFines 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.
NigeriaFine, custodial sentence of 10 years, or both.
NiueImprisonment 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 MacedoniaImprisonment of up to 1 year imposed on those who illegally enter while armed or by using violence.
NorwayMonetary 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.
OmanImprisonment for 3 months to 3 years, fine, or both; deportation.
PakistanImprisonment for up to 10 years and fine.
PalauImprisonment up to 2 years, fine, or deportation.
Papua New GuineaImprisonment for up to six months or fine.
ParaguayImprisonment of 3 months to 2 years
PeruDeportation.
PhilippinesDeportation, imprisonment, and fine.
PolandImprisonment of up to 2 years or fine.Stricter penalties for illegal entry committed in groups or by use of violence.
PortugalExpulsion.
QatarImprisonment not exceeding 3 years, fine, or both; deportation.
RomaniaImprisonment 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.
RussiaImprisonment 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.
RwandaImprisonment for 30 days to 6 months, fine, or both; 1 to 3 years imprisonment, fine, or both for illegal reentry.
Saint Kitts and NevisFine, 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 LuciaFine, 6 months imprisonment, or both, and/or deportation.
SamoaFine, 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 PrincipeExpulsion.
Saudi ArabiaDetention until deportation.
Senegal1 to 3 months imprisonment, fine, or both; 1 to 5 years imprisonment and fine for illegal reentry.
SerbiaDetention 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.
SeychellesFine and 3-year prison term.
SingaporeImprisonment for up to 6 months and caning with not less than 3 strokes or fine.
SlovakiaFine.Varied administrative fines, processed by police.
SloveniaFine.
Solomon IslandsDaily 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 AfricaFine or custodial sentence not exceeding 2 years.
South KoreaImprisonment 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.
SpainFine.
Sri LankaImprisonment for 1 to 5 years and fine.
SudanDetention or house arrest until deportation.
SwedenMonetary 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.
SwitzerlandImprisonment 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.
TaiwanImprisonment for up to 3 years, detention, and/or fine. Any alien sentenced to imprisonment may be deported.
TajikistanImprisonment from 2 to 5 years or fine.Asylum seekers exempt from punishment.
TanzaniaFine, custodial sentence, or both. Recidivism subject to higher fine, longer custodial sentence, or both.
ThailandImprisonment not exceeding 2 years, fine, and deportation.
Togo6 months to 2 years imprisonment for illegal reentry.
TongaImprisonment for up to two years, fine, or both, plus removal. Same penalties but up to three years’ imprisonment if previously removed.
Trinidad and TobagoFine and imprisonment for 3 years for first offense; double fine and 5 years’ imprisonment for subsequent offenses.
TunisiaImprisonment and fine; deportation.
TurkeyAdministrative 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.
TurkmenistanCorrectional labor of up to 2 years or imprisonment of up to 2 years.Asylum seekers exempt from punishment.
Turks and Caicos IslandsFine, imprisonment for 2 years, or both.
TuvaluImprisonment for six months and fine.
UgandaFine, custodial sentence not exceeding 3 years, or both.
UkraineImprisonment 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 EmiratesImprisonment and deportation.
United KingdomFine, 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 StatesDeportation.
UzbekistanImprisonment from 3 to 5 years or fine.
VanuatuImprisonment 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.
VenezuelaDeportation.
VietnamFine and deportation.Administrative offense.
ZambiaFine, custodial sentence not exceeding 2 years, or both.
ZimbabweFine, custodial sentence not exceeding 1 year, or both.
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What happens if you go to another country illegally?

The most common penalty you will face when entering another country illegally is paying a fine. However, some countries have detention rules in place and others have even harsher penalties, such as corporal punishment or complete bans.

Frequently Asked Questions

Sources