debut: 3/24/04
38,375 runs
Being undocumented is a civil offense, not a criminal offense, in the United States
As Congress woman Jasmine Crockett says, there are traffic violations that are more serious
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Being undocumented is a civil offense, not a cri
debut: 7/22/22
976 runs
Improper Entry Is a Crime
To be clear, the most common crime associated with illegal immigration is likely improper entry. Under federal criminal law, it is misdemeanor for an alien (i.e., a non-citizen) to:
Enter or attempt to enter the United States at any time or place other than designated by immigration officers;
Elude examination or inspection by immigration officers; or
Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts.
The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" -- are criminal acts associated with illegally immigrating to the United States.
Like all other criminal charges in the United States, improper entry must be proven beyond a reasonable doubt in order to convict.
Unlawful Presence Is Not a Crime
Some may assume that all immigrants who are in the United States without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.
But mere unlawful presence in the country is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization, but this violation is punishable by civil penalties, not criminal. Chief among these civil penalties is deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the United States, or permanent residency.
To be clear, the most common crime associated with illegal immigration is likely improper entry. Under federal criminal law, it is misdemeanor for an alien (i.e., a non-citizen) to:
Enter or attempt to enter the United States at any time or place other than designated by immigration officers;
Elude examination or inspection by immigration officers; or
Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts.
The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" -- are criminal acts associated with illegally immigrating to the United States.
Like all other criminal charges in the United States, improper entry must be proven beyond a reasonable doubt in order to convict.
Unlawful Presence Is Not a Crime
Some may assume that all immigrants who are in the United States without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.
But mere unlawful presence in the country is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization, but this violation is punishable by civil penalties, not criminal. Chief among these civil penalties is deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the United States, or permanent residency.
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debut: 8/9/14
18,745 runs
In reply to birdseye
I feel sad for undocumented people trying to make a better life for their family. Euro migrants had no such obstacle when they came to this Indian lands.
That said, it is important to distinguish the law, illegal entry and working without authorization is a felony.
What Trump is doing is not illegal, it may be inhumane for all that it entails, but this problem has never been fixed for many decades now.
In 1986 Regan gave amnesty and this was supposed to reset the immigration. It did not
The problem got worse.
I would like to see a robust guest worker program that provides economic opportunity for migrants while solving the labor problem and holding employers accountable for their benefits such as healthcare so taxpayers won’t have to pay their medical bills.
This program will not have any minors so the issue of children will go away.
The Trump administration wants to deport all undocumented migrants and nothing is illegal with this.
His motivation for their removal is nasty but not illegal.
All American politicians, both Democrats and Republicans are guilty of not fixing this problem over the years and Trump did not create this problem.
This is what happens when politicians collectively fail to do their job and then after decades of pent up anger, a bigot like Trump comes along and use his method to resolve it.
I feel sad for undocumented people trying to make a better life for their family. Euro migrants had no such obstacle when they came to this Indian lands.
That said, it is important to distinguish the law, illegal entry and working without authorization is a felony.
What Trump is doing is not illegal, it may be inhumane for all that it entails, but this problem has never been fixed for many decades now.
In 1986 Regan gave amnesty and this was supposed to reset the immigration. It did not
The problem got worse.
I would like to see a robust guest worker program that provides economic opportunity for migrants while solving the labor problem and holding employers accountable for their benefits such as healthcare so taxpayers won’t have to pay their medical bills.
This program will not have any minors so the issue of children will go away.
The Trump administration wants to deport all undocumented migrants and nothing is illegal with this.
His motivation for their removal is nasty but not illegal.
All American politicians, both Democrats and Republicans are guilty of not fixing this problem over the years and Trump did not create this problem.
This is what happens when politicians collectively fail to do their job and then after decades of pent up anger, a bigot like Trump comes along and use his method to resolve it.
- edited -
debut: 3/24/04
38,375 runs
In reply to Emir
If you ask Elon Musk, Steve Miller or the guy running ICE, or Trump himself, why did they or their fore-parents came to the USA – their answer would be the same, if they are honest… to find a better way of life. But the fore mentioned say they should have that option, but many of us should not be allowed.
If you ask Elon Musk, Steve Miller or the guy running ICE, or Trump himself, why did they or their fore-parents came to the USA – their answer would be the same, if they are honest… to find a better way of life. But the fore mentioned say they should have that option, but many of us should not be allowed.
debut: 7/29/19
4,807 runs
I have mixed rèactions on this i sympathise with people trying to earn a living for their familly and to give them a better life.however i dont agree with uncontrolled illegal migration at the levels we have been seeing in europe and america it can put a great strain on nationsl services and create securty issues .we have seen a lot of criminals like venezuelan gangbangers , murderers ,cartel hitmen and people with interpol red notices being caught up in trump raids and some of them have been living in the us long before trump took office
being protected by sanctuary city laws .
being protected by sanctuary city laws .
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