Deported 7 Times: What Re-Entry After Removal Means
ICE arrested a man in Chicago on November 10, 2026, who had been deported seven times and re-entered the US illegally. The case highlights one of the harshest corners of US immigration law: re-entry after removal is a federal crime, and ICE can deport you again without a new court hearing by reinstating your original removal order.
You were removed from the United States years ago. You came back. Now ICE is at your door. What happens next — and what are the legal stakes — depends heavily on your removal history. A case out of Chicago this week shows just how serious those stakes can be.
On November 10, 2026, ICE Enforcement and Removal Operations (ERO) Chicago arrested Jose Juan Garnica-Naranjo during a targeted enforcement operation in Chicago Heights, Illinois. According to a DHS statement, Garnica-Naranjo had been deported seven times — all in 2013 — before re-entering the country at an unknown date and location. During the arrest, he allegedly drove away while an ICE officer was partially inside the vehicle, injuring the officer. He was apprehended later the same day. Homeland Security Secretary Markwayne Mullin confirmed the arrest and the officer's hospitalization and subsequent release.
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What the Law Says About Re-Entry After Deportation
Re-entering the United States after a formal removal order is a federal crime under 8 U.S.C. § 1326. If you were deported once and come back without permission, you can face up to two years in federal prison. If your removal followed a felony conviction, that rises to ten years. If it followed an aggravated felony, the maximum is twenty years. These are criminal charges — separate from the immigration removal process itself. That means you can face both criminal prosecution and a new removal order at the same time. ICE does not need a new immigration court hearing to remove someone who already has a final order of removal; they can reinstate the original order.
Reinstatement of removal is one of the fastest enforcement tools ICE has. Under federal regulations, if you re-enter after a prior removal, ICE can reinstate that old order without a new hearing before an immigration judge. You do not get a new chance to argue your case in most situations — unless you express a fear of persecution or torture, in which case you may be referred to a "reasonable fear" screening with an asylum officer. That screening is a much higher bar than a standard asylum interview. Lawyers at the National Immigration Project note that people with reinstated removal orders have very limited options and must act quickly if they have any fear-based claim.
What to Do
- If you have a prior removal order and re-entered the US, speak with an immigration attorney immediately — do not wait for ICE to find you. A lawyer can assess whether you qualify for any relief, including a reasonable fear screening.
- If ICE arrests you, you have the right to remain silent. You do not have to answer questions about how or when you entered the country. Clearly state: "I want to speak to a lawyer."
- If you receive a notice to appear in immigration court (called an NTA, or Form I-862), do not miss your hearing. A missed hearing results in an order of removal in absentia (meaning the judge orders your deportation without you present), and reversing that order is extremely difficult.
- If you believe you face persecution or torture if returned to your home country, tell the asylum officer during any screening — this is the one narrow door that may remain open even with a reinstated removal order.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
A reinstated removal order bypasses the normal immigration court process entirely — there is no new hearing, no new chance to present your case to a judge, unless you can demonstrate a reasonable fear of persecution or torture. That reasonable fear bar is higher than a standard asylum claim, so anyone in this situation needs an attorney to evaluate the strength of that claim before the screening interview. If you have any prior removal order in your history, do not assume time has erased it — consult an immigration attorney to understand exactly where you stand.
Frequently Asked Questions
Can ICE deport me again without a new court hearing if I was already deported before?
Yes. Under a process called reinstatement of removal, ICE can reinstate your original removal order without scheduling a new hearing before an immigration judge. This is one of the fastest removal tools available to ICE. The only exception is if you express a fear of persecution or torture — in that case, you are referred to a "reasonable fear" screening with an asylum officer.
What is the criminal penalty for re-entering the US after deportation?
Re-entry after removal is a federal crime. The basic penalty is up to two years in prison. If your original deportation followed a felony conviction, the maximum rises to ten years. If it followed an aggravated felony, you can face up to twenty years in federal prison — on top of being deported again.
What happens if I miss my immigration court hearing?
A judge can issue a removal order in absentia — meaning you are ordered deported without being present. Reversing this is very hard. You generally have 90 days to file a motion to reopen the case, and you must show you had an exceptional reason for missing the hearing, such as not receiving proper notice.
If I have a reinstated removal order, can I still apply for asylum?
Not through the standard process. But if you tell an asylum officer that you fear persecution or torture in your home country, you may qualify for a "reasonable fear" screening. If you pass that screening, your case goes to an immigration judge for a limited review. This is a narrower and harder path than a regular asylum application, so legal help is essential.