Can I get in serious trouble for coming back to Texas after being deported?

The situation

I am originally from my home country, but I lived and worked in Austin, Texas, for about five years. Back in June of 2018, I was caught in a legal situation involving a misdemeanor theft and was subsequently deported from the United States. Since then, I have stayed away to follow the rules, but I have really missed my family who are still living in San Antonio. I have been back in my home country for almost six years now. My sister told me that if I just try to cross the border again to see them, I might not face any major issues because it has been so long, but I am really scared. I want to know if I can face prison time or huge fines just for being found here again without getting special permission first. I haven't applied for any special reentry papers or asked the government for permission to come back yet. If I try to enter the U.S. now, am I going to be arrested and sent to jail for a long time because of my previous deportation, even if my old crime wasn't a major felony?

Detailed Analysis

If you attempt to enter the United States without permission after being deported, you are violating federal law. Under the Immigration and Nationality Act, any person who has been "deported, or removed" and then "enters, attempts to enter, or is at any time found in, the United States" without express consent from the Attorney General can be punished^[1].

In your specific case, you were deported in June 2018 following a misdemeanor theft. Because your removal was linked to a criminal conviction, you face specific risks. The law states that an alien who was removed and then reenters "shall be fined under title 18, or imprisoned not more than 2 years, or both"^[1]. This means you could face both a criminal record and jail time.

It is important to note that the severity of your punishment depends on the exact nature of your previous crime. For example, if your theft was classified as an "aggravated felony"—a term for very serious crimes like certain thefts or violent acts—the penalties increase significantly to up to 20 years in prison^[1]. While you described your crime as a misdemeanor, the government's classification of that crime will determine your maximum sentence.

Furthermore, if you were deported because you failed to leave the country within the required timeframe after a final order, you could face additional penalties^[2]. Because you have not applied for special permission to return, any attempt to cross the border or stay in the U.S. would likely result in your arrest.

State, provincial, or local laws may also apply to your situation, so you should check local criminal statutes as well.

Statutory Citations

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