18 U.S.C. § 758
Section 758 · High speed flight from immigration checkpoint
This is § 108 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Amended 1 time on record
Applied in 11 court decisions — leading case City of Philadelphia v. Sessions (2017)
Most recently applied in United States v. Troy Sargent (June 2024)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be fined under this title, imprisoned not more than five years, or both.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Congressional Findings
Section 108(a) of div. C of Pub. L. 104–208 provided that: “The Congress finds as follows:
“(1) Immigration checkpoints are an important component of the national strategy to prevent illegal immigration.
“(2) Individuals fleeing immigration checkpoints and leading law enforcement officials on high speed vehicle chases endanger law enforcement officers, innocent bystanders, and the fleeing individuals themselves.
“(3) The pursuit of suspects fleeing immigration checkpoints is complicated by overlapping jurisdiction among Federal, State, and local law enforcement officers.”