Foreign nationals who have accrued unlawful presence in the U.S. are barred from re-entering the country for three years (if they were unlawfully present for at least 180 days but less than one year) or 10 years (if they were unlawfully present for one year or more). This is commonly known as the 3/10-year bar.

For the most part, U.S. immigration laws are complex and confusing. Some are little known or frequently overlooked. Some carry serious consequences that may result in a permanent bar to immigrating to the U.S. One provision that is especially problematic is section 212(a)(6)(C) of the Immigration and Nationality Act (INA). This dictates that any foreign national who falsely claims to be a U.S. citizen for any purpose or benefit under the INA or any federal or state law, including to obtain a job or vote in the U.S., is permanently inadmissible to the U.S. Such a false claim also makes the person removable from the U.S.

John Morton, director of U.S. Immigration and Customs Enforcement (ICE), recently announced that his agency deported 400,000 persons this past fiscal year that ended in September. This is the largest number of removals in the agency’s history and the third year in a row that a new record was set. Currently, almost 300,000 individuals are in deportation proceedings.

ICE credits much of its success to a targeted enforcement strategy, which focuses removal efforts on criminal offenders and others who pose a threat to national security. Central to this strategy is a program called Secure Communities, the newest and most controversial immigration enforcement program.