Comment by nobody9999

3 days ago

>> And since every illegal immigrant is already a criminal...

>Not to be pedantic, but by definition it is, isn’t it?

It is not[0].

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.

Those who made an (whether valid or not) asylum claim are legally in the United States until their asylum claim can be adjudicated.

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

6 comments

nobody9999

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frumplestlatz  3 days ago

Illegal is not the same as criminal, but a civil violation is still illegal. Someone without lawful status is subject to detention and deportation. A person who overstayed a visa or is otherwise undocumented is, by definition, here illegally and falls under the legal term “illegal alien.”

  • nobody9999  3 days ago

    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.

matt-attack  3 days ago

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.

  • brookst  3 days ago

    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.

  • nobody9999  3 days ago

    >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...