What is defined as an "alien" under 8 USC 1325?

The term "alien" under 8 USC 1325 specifically refers to any foreign national who is attempting to enter the United States without going through a designated port of entry (POE). The law focuses on unauthorized entry, which encompasses individuals who evade or bypass the legal checkpoints established for entering the country. This definition captures individuals who are attempting to enter the country illegally, making their actions a violation of immigration law.

This understanding highlights the legal framework established to monitor and regulate who can enter the United States. The context of this statute underscores the importance of designated ports of entry, as they are intended to serve as controlled locations for immigration processing and security checks. Those who do not comply with this requirement are classified as aliens in violation of the immigration laws.

Other options, such as a foreign national entering at a designated POE, refer to legal entry methods and thus do not align with the definition provided in 8 USC 1325. Similarly, dual citizenship and refugee status are categories of legal and humanitarian considerations that do not pertain to the definition of an "alien" in the context of unauthorized entry.