Comment by nomdep

That's as may be. But that's not what GP said.

It is not the case that "every illegal immigrant is already a criminal," which is what GP claimed.

If you had read the post you’re responding to, you would have seen that it asserts that the majority of undocumented people in the country actually were documented when they entered the country.

Also it’s poor form to copy/paste the same response over and over, even if you were reading the posts you replied to.

Repeating the same irrelevant statute doesn't make it relevant.

>Entering the United States without proper documentation, such as a passport or visa, is considered a federal crime under 8 U.S.C. § 1325. This statute criminalizes unauthorized entry, including entering at unauthorized times or places, evading inspection, or misrepresentation to gain entry.

Yes. The link[0] I posted with my comment cites that specific law:

   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.

And in fact, I said:

   Being present in the US without legal status is a civil infraction and not a 
   crime. Unlawful entry is a criminal act however.

   That said, the vast majority of undocumented folks entered the US Legally and 
   overstayed their visas. Which is a civil issue, not a criminal one.

Where did I claim otherwise? Seriously. That's not a rhetorical question.

[0] https://www.findlaw.com/legalblogs/criminal-defense/is-illeg...

The visa is your entry document. The I-94 is your status document[0]. The visa outlines the conditions (including dates) you may enter the country. The I-94 is the record of entry/departure and dictate your required date of departure.

  >  This statute criminalizes unauthorized entry, including entering at unauthorized times or places, evading inspection, or misrepresentation to gain entry.

This is a completely different conversation and scenario that what was being previously discussed. There is a pretty significant difference between illegal border crossing vs overstaying your status. The latter never performed an illegal border crossing. These people are documented.

[0] https://www.uscis.gov/forms/all-forms/form-i-94-arrivaldepar...

That is manifestly not the same thing as overstaying a visa. Moreover, not only does it not apply if you’re already found to be in the country illegally you have to be caught in the act of entering - it was amended in 1996 to apply a civil penalty by the same act that created expedited removal (yes, it is not supposed to be in lieu of any statutory criminal penalty that _may_ be applied) and lower court judges have found against the re-entry provisions in 1326 [1]

[1] https://newrepublic.com/article/163419/miranda-du-unconstitu...

> This statute criminalizes unauthorized entry, including entering at unauthorized times or places, evading inspection, or misrepresentation to gain entry

None of which has anything to do with the matter at hand.

It. Is. Not. A. Crime. To. Overstay. A. Visa.