Reading Room Document

Whether Prosecutions for "Eluding Inspection" Under 8 U.S.C. § 1325 May Be Brought in the District Where the Defendant Is Apprehended

This document discusses the issue of venue for prosecutions under the Immigration and Nationality Act, specifically for "eluding inspection" violations. The conclusion reached is that prosecutions for such violations must be brought in the district where the offense was committed, rather than where the defendant is apprehended. The document presents questions about the constitutionality of prosecutions under 8 U.S.C. § 1325, and whether they can continue to be brought in the district where the defendant is apprehended, as authorized by 8 U.S.C. § 1329. It also raises the issue of reconciling the language of § 1329 with the requirement that prosecutions be undertaken in the district where the crime was committed.

May 18, 1978