MEMO: Whether Eluding Inspection Under 8 U.S.C. § 1325(a)(2) Is a Continuing Offense


Department of Justice

Department of Justice

Notice Date: June 21, 2025
Effective Date: June 21, 2025

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This opinion from the Department of Justice's Office of Legal Counsel (OLC) allows broader discretion for charging illegal aliens under 8 U.S.C. 1325

The Department of Justice must be engaged in bringing consequences to illegal immigrants remaining in the United States in defiance of our laws. If this OLC opinion translates to more criminal consequences for illegal immigration, it will encourage self-deportation. 

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