Expert answer
Illegal Reentry (8 U.S.C. § 1326) Sentencing in Arizona
Last reviewed: July 1, 2026
How long is a federal illegal-reentry sentence in Arizona?
Illegal-reentry sentences in Arizona are driven by U.S.S.G. § 2L1.2, which starts at base level 8 and adds enhancements for prior removal after a felony conviction. Typical Arizona sentences range from time served to about 24 months, with sentences over 5 years reserved for defendants with serious prior removals.
The statute (8 U.S.C. § 1326)
Section 1326(a) is a felony with a 2-year statutory maximum. Section 1326(b)(1) raises the maximum to 10 years for defendants removed after a felony conviction, and § 1326(b)(2) raises it to 20 years for defendants removed after an aggravated felony.
The Guideline (U.S.S.G. § 2L1.2)
Base offense level 8, with enhancements up to +10 levels based on the seriousness and timing of prior removals and any post-removal felony convictions. Fast-track programs under § 5K3.1 in Yuma and Tucson can subtract additional levels.
Typical outcomes in Arizona
First-offender reentry cases commonly resolve at 4 to 14 months. Reentry after an aggravated-felony removal can produce Guidelines ranges of 30 to 71 months or more, especially for defendants in Criminal History Category IV+.
Frequently asked questions
What is the mandatory minimum for 8 U.S.C. § 1326?
There is no statutory mandatory minimum. The practical floor comes from the U.S.S.G. § 2L1.2 range and the fast-track offer in the specific division (Yuma, Tucson, or Phoenix).
Do prior removals always increase the sentence?
Not by themselves. Section 2L1.2 enhancements are triggered by prior convictions that preceded a removal, not by the number of removals alone.
Can a § 1326 defendant get probation?
Rarely. Even at low offense levels, most § 1326 defendants fall in Zone C or D of the Sentencing Table because of criminal-history points from prior removal-related convictions.