Title 8 vs. Title 18, Which Federal Code Applies When ICE Arrests You?
Title 8 covers civil immigration violations enforced by ERO through immigration court, while Title 18 covers federal criminal violations enforced by HSI through federal criminal court. Understanding which code applies to your arrest determines whether you’re facing deportation or federal prison time—and what legal rights you have.
If ICE arrests you, the first critical question is: which legal code governs your case? In fiscal year 2025, ICE made over 270,000 arrests—but not all were the same. Some were civil immigration arrests under Title 8 that led to deportation proceedings, while others were federal criminal arrests under Title 18 that resulted in prison sentences. As of January 2026, current administration policies expanded both types of enforcement, making it crucial to know which federal code applies to your situation because the legal processes, consequences, and your constitutional rights differ dramatically.
Why Understanding Title 8 and Title 18 Matters for Your Case
This affects you if ICE has arrested you or a family member and you don’t understand whether you’re facing immigration charges or federal criminal charges, received documents mentioning Title 8 or Title 18 and need to know what that means, or want to understand what legal process and consequences each code carries.
The confusion between Title 8 and Title 18 creates serious problems for immigrants. Many people arrested by ICE assume they’re facing deportation, when in fact they may be facing federal criminal charges with potential prison time. Others facing immigration violations believe they need a criminal defense attorney when they actually need an immigration lawyer. The type of attorney you hire, the court where your case is heard, and the potential consequences all depend on which code applies.
What Are Title 8 and Title 18?
Title 8 of the United States Code is the Immigration and Nationality Act (INA), which contains all federal immigration laws. Violations of Title 8 are civil violations, not criminal violations. This means Title 8 cases don’t result in criminal convictions or prison sentences—instead, they result in immigration consequences like deportation or removal from the United States.
Title 18 of the United States Code contains all federal criminal laws. Violations of Title 18 are criminal violations prosecuted in federal criminal court by federal prosecutors. Title 18 violations can result in criminal convictions and prison sentences. Even if you’re a legal permanent resident, Title 18 convictions often carry automatic immigration consequences including deportation.
The critical distinction: Title 8 cases go through immigration court with immigration judges, while Title 18 cases go through federal criminal court with federal judges and juries.
Why ICE Uses Two Different Legal Codes
ICE’s dual mission explains why it operates under both codes. ERO (Enforcement and Removal Operations) enforces Title 8 immigration laws, identifying and removing people who violate immigration statutes. HSI (Homeland Security Investigations) enforces Title 18 federal criminal laws, investigating transnational crimes like drug trafficking, human smuggling, and money laundering.
This division reflects fundamentally different enforcement goals. Title 8 enforcement aims to identify people in the country without authorization and remove them through civil proceedings. Title 18 enforcement aims to prosecute criminals for federal crimes and send them to federal prison through criminal prosecution.
Understanding which code applies to your arrest isn’t academic—it determines everything about your legal case, from which attorney you need to what rights you have to what consequences you face.
What Crimes and Violations Fall Under Title 8
Title 8 covers civil immigration violations. These are not crimes in the criminal law sense, though they have serious immigration consequences.
Common Title 8 violations include being in the United States without authorization, overstaying a visa or travel document, entering the country without inspection or proper documents, working without employment authorization, violating the terms or conditions of your visa status, failing to maintain valid travel documents, and fraud in obtaining immigration benefits.
Title 8 also covers deportability grounds—situations where someone who entered legally becomes deportable. This includes certain criminal convictions like aggravated felonies or crimes of moral turpitude, drug trafficking convictions, firearm offenses, security-related grounds including terrorism, gang membership or involvement in organized crime, marriage fraud or relationship fraud to obtain immigration status, document fraud or using false identification, misrepresentation on immigration applications, and failing to comply with immigration conditions.
Importantly, while these violations can make you deportable, the deportation proceeding itself is civil, not criminal.
What Rights You Have Under Title 8
If arrested under Title 8, you have specific rights. You have the right to remain silent about your immigration status and the right to speak with an attorney before answering questions. However—and this is critical—you do NOT have the right to a court-appointed attorney in immigration court. If you cannot afford an attorney, you must represent yourself or find pro bono legal help.
You have the right to see any documents or warrants ERO has, the right to a hearing before an immigration judge, and the right to apply for relief from removal if you qualify (such as asylum, cancellation of removal, or adjustment of status). You may be eligible for bond or release while your case proceeds, though this isn’t guaranteed.
You have the right to an interpreter if you don’t speak English and the right to appeal an immigration judge’s decision to the Board of Immigration Appeals. Understanding these rights matters because immigration court is adversarial—the government has an attorney prosecuting your case, and you’re at a significant disadvantage without legal representation.
What Crimes and Violations Fall Under Title 18
Title 18 covers federal criminal violations investigated by HSI and prosecuted by federal prosecutors. These are actual crimes that can result in federal prison sentences.
Common Title 18 violations ICE investigates include drug trafficking and drug manufacturing under Title 21 (controlled substances), human trafficking and smuggling operations, weapons trafficking and illegal firearms, money laundering and bulk cash smuggling, fraud including identity fraud, bank fraud, and wire fraud, terrorism and national security crimes, cybercrime and computer-based crimes, child exploitation and child pornography, export control violations and sanctions violations, intellectual property crimes including counterfeit goods.
Title 18 also includes immigration-related crimes like visa fraud prosecuted as a criminal matter (not just a civil violation), making false statements to federal agents, marriage fraud prosecuted criminally under 18 U.S.C. § 1546, alien smuggling under 8 U.S.C. § 1324 (which carries criminal penalties), illegal reentry after deportation under 8 U.S.C. § 1326, and obstruction of justice or conspiracy to commit federal crimes.
The key difference: these are prosecuted as criminal cases with criminal penalties, not civil immigration proceedings.
What Rights You Have Under Title 18
If arrested under Title 18 for a federal crime, you have full constitutional criminal rights. You have the right to remain silent and not answer questions—anything you say can be used against you in federal criminal court. You have the right to an attorney, and if you cannot afford one, the court will appoint a federal public defender to represent you.
You have the right to be informed of the charges against you, the right to a bail hearing to determine if you can be released pending trial, the right to a trial in federal criminal court before a judge and jury, and the right to confront and cross-examine witnesses against you. You have the right to present your own evidence and witnesses and the right to appeal if convicted.
Critical warning: Do not speak to HSI agents without an attorney present. HSI agents are federal criminal investigators, and making false statements to them is itself a federal crime under 18 U.S.C. § 1001, punishable by up to five years in prison. Even if you’re innocent of the underlying crime, lying to federal agents creates new criminal charges.
The Critical Differences Between Title 8 and Title 18 Arrests
Legal Code: Title 8 is immigration law; Title 18 is criminal law.
Court: Title 8 cases go to immigration court; Title 18 cases go to federal criminal court.
Consequences: Title 8 can result in deportation and removal; Title 18 can result in federal prison time and a criminal conviction that appears on background checks forever.
Legal Process: Title 8 is a civil administrative process; Title 18 is criminal prosecution.
Burden of Proof: Title 8 uses a civil standard of proof; Title 18 requires proof beyond a reasonable doubt.
Right to Attorney: Title 8 does NOT guarantee a court-appointed attorney; Title 18 guarantees a public defender if you cannot afford one.
Detention: Title 8 uses immigration detention facilities; Title 18 uses federal criminal detention (jails).
Appeal: Title 8 appeals go to the Board of Immigration Appeals; Title 18 appeals go to federal appellate courts.
Investigation: Title 8 violations are typically discovered through immigration enforcement; Title 18 violations are investigated as federal crimes with search warrants, wiretaps, and criminal investigative techniques.
Immigration Consequences: Title 8 violations ARE immigration matters; Title 18 criminal convictions almost always LEAD TO immigration consequences including deportation, even for legal permanent residents.
Which ICE Officers Enforce Which Code
ERO (Enforcement and Removal Operations) enforces Title 8. ERO officers are immigration enforcement agents whose primary mission is enforcing civil immigration laws. They arrest people for being in the country without authorization, overstaying visas, or violating immigration laws. ERO cases go to immigration court for deportation proceedings.
ERO officers typically do not have criminal investigative authority. Their power comes from 8 U.S.C. § 1357, which authorizes them to arrest individuals for immigration violations and detain them pending removal proceedings under 8 U.S.C. § 1226.
HSI (Homeland Security Investigations) enforces Title 18. HSI special agents are federal criminal investigators with full law enforcement authority—the same type of authority FBI agents have. They investigate federal crimes and build criminal cases for prosecution in federal court.
HSI enforces over 400 federal statutes spanning Title 18 (general federal crimes), Title 21 (controlled substances), Title 19 (customs violations), and more. HSI arrests can result in federal criminal convictions and prison sentences. If HSI discovers immigration violations during criminal investigations, they may refer those violations to ERO, but HSI’s primary mission is criminal investigation, not immigration enforcement.
What You Must Know: Common Misconceptions
Misconception 1: All ICE arrests are about deportation.
FALSE. HSI arrests are for federal crimes, not immigration violations. If HSI arrests you, you’re facing potential federal prison time, not just deportation.
Misconception 2: Title 8 violations are crimes.
FALSE. Title 8 violations are civil violations. While some immigration-related conduct can be prosecuted criminally under Title 18 (like illegal reentry after deportation), most Title 8 violations are purely civil matters.
Misconception 3: If I’m arrested by ICE, I’ll get a free attorney.
FALSE for Title 8 cases. Immigration court does not provide free attorneys. You must hire your own or represent yourself. Only Title 18 federal criminal cases guarantee appointed counsel.
Misconception 4: A criminal conviction won’t affect my immigration status.
DANGEROUSLY FALSE. Many Title 18 convictions trigger automatic deportation under 8 U.S.C. § 1227, even if you’re a legal permanent resident who’s lived in the U.S. for decades.
Misconception 5: I can tell which code applies by looking at the agent’s uniform.
FALSE. Both ERO and HSI agents wear ICE badges and may look similar. You must ask directly which division they’re from and which code you’re being charged under.
How to Identify Which Code Applies to Your Arrest
Check any documents ICE provides—they should specify Title 8 or Title 18 charges. Ask the arresting agent directly: “Am I being arrested for immigration violations or federal criminal charges?” and “Which code am I being charged under—Title 8 or Title 18?”
If agents read you your Miranda rights (“You have the right to remain silent…”) and question you about criminal activity, it’s likely Title 18. If they ask about your immigration status, how you entered the country, or show you a Notice to Appear for immigration court, it’s Title 8.
The detention facility matters too. Immigration detention indicates Title 8, while federal criminal detention (county jail or federal detention center with criminal inmates) indicates Title 18. The type of court notice you receive will specify either immigration court or federal criminal court.
If you’re unsure, tell the agent: “I am exercising my right to remain silent and I want to speak to an attorney.” Then contact an attorney immediately who can clarify which code applies and what that means for your case.
What to Do Next: Protecting Your Rights
Immediate Steps If ICE Arrests You
Stay calm and do not run or physically resist—this creates additional charges regardless of which code applies. Ask: “Which ICE division are you from—HSI or ERO?” and “What am I being charged with?” Ask to see the agent’s credentials and any documents or warrants.
Exercise your right to remain silent immediately. Say: “I am exercising my right to remain silent” and “I want to speak to an attorney.” Do not answer questions without an attorney present, regardless of whether it’s Title 8 or Title 18.
Do not sign any documents without understanding them and consulting an attorney. Do not provide false information or lie—this can create new criminal charges under Title 18. Write down or remember the agents’ names, badge numbers, and everything they say.
Contact an attorney immediately. For Title 8 charges, contact an immigration attorney. For Title 18 charges, contact a federal criminal defense attorney or ask for a public defender.
Finding the Right Legal Help
For Title 8 immigration charges, contact an immigration attorney through the American Immigration Lawyers Association at aila.org. Contact legal aid organizations that provide free or low-cost immigration services. If detained, request a list of free legal service providers from the detention facility.
For Title 18 federal criminal charges, contact a federal criminal defense attorney immediately. If you cannot afford one, you have the right to a court-appointed federal public defender—tell the judge at your first appearance that you need appointed counsel.
Never hire a “notario” or immigration consultant who is not a licensed attorney. These individuals cannot represent you in court and often make situations worse. Verify any attorney’s credentials through your state bar association.
Document everything about your arrest: dates, times, what agents said, what documents you received, and which code was mentioned. This information helps your attorney build your defense.
Frequently Asked Questions
What is the difference between Title 8 and Title 18?
Title 8 contains immigration laws and covers civil violations that can result in deportation through immigration court. Title 18 contains federal criminal laws and covers crimes that can result in prison sentences through federal criminal court. They’re completely different legal processes with different consequences and rights.
Can ICE arrest me for a federal crime?
Yes. HSI special agents can arrest anyone—including U.S. citizens—for federal crimes under Title 18 when they have probable cause. HSI has the same federal criminal arrest authority as FBI agents for crimes within their jurisdiction.
What crimes does ICE investigate under Title 18?
HSI investigates drug trafficking, human trafficking and smuggling, weapons trafficking, money laundering, fraud, terrorism, cybercrime, child exploitation, export violations, and other transnational crimes. HSI enforces over 400 federal criminal statutes.
Will a Title 18 conviction affect my immigration status?
Almost certainly yes. Most federal criminal convictions under Title 18 trigger deportability grounds under 8 U.S.C. § 1227, even for legal permanent residents. Aggravated felonies, drug trafficking, firearms offenses, and crimes of moral turpitude can all result in deportation.
Do I have the right to an attorney in immigration court?
You have the right to hire an attorney at your own expense, but immigration court does NOT provide free court-appointed attorneys for Title 8 cases. You must pay for an attorney yourself, find pro bono help, or represent yourself. This is different from Title 18 federal criminal cases where you’re guaranteed a public defender if you cannot afford one.
What should I do if ICE arrests me?
Immediately exercise your right to remain silent and request an attorney. Ask which code you’re being charged under—Title 8 or Title 18. Do not answer questions or sign documents without an attorney. Contact an immigration attorney for Title 8 charges or a criminal defense attorney for Title 18 charges as soon as possible.
How do I know if I’m facing Title 8 or Title 18 charges?
Check the documents ICE provides—they should specify the code and charges. Ask the agent directly which code applies. If you’re read Miranda rights and questioned about criminal activity, it’s likely Title 18. If questioned about immigration status or given a Notice to Appear for immigration court, it’s Title 8. When in doubt, ask your attorney to clarify.
Last Updated: January 15, 2026 — We keep this current with the latest legal developments.
PRO TIP: The moment ICE contacts you, ask two questions before saying anything else: (1) “Which ICE division are you from—HSI or ERO?” and (2) “Am I being arrested under Title 8 or Title 18?” Write down their answers. This information determines which type of attorney you need and what rights you have. Never assume you know which code applies—always ask directly and document their response.
Disclaimer: This article provides general educational information about Title 8 and Title 18 arrest authority and is not legal advice. Federal immigration law and federal criminal law are complex and fact-specific areas where individual circumstances dramatically affect legal outcomes. ICE enforcement policies change frequently based on current administration priorities and executive actions. The information presented does not constitute legal representation, and AllAboutLawyer.com does not provide legal services. If ICE has arrested you or someone you know, or if you’re facing Title 8 immigration charges or Title 18 federal criminal charges, consult a qualified immigration attorney or federal criminal defense attorney immediately for advice tailored to your specific situation. Do not rely solely on this article when making legal decisions affecting your freedom or immigration status.
Take Action: Understanding which federal code applies to your case is the critical first step. Find a qualified immigration attorney for Title 8 matters through the American Immigration Lawyers Association or find a federal criminal defense attorney for Title 18 charges through the National Association of Criminal Defense Lawyers. If you cannot afford an attorney and face Title 18 criminal charges, you’re entitled to a court-appointed public defender—request one at your first court appearance.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a legal writer with experience in immigration and migration law, covering topics like green cards, marriage-based visas, and asylum applications. Through All About Lawyer, she provides straightforward legal insights to help individuals and families navigate complex immigration processes with clarity and confidence.
Read more about Sarah