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MichMan

(15,493 posts)
35. Correct; It is not a criminal offense, but is however a civil offense
Sun Jul 13, 2025, 04:17 PM
Jul 13

"A reminder that:

Mere undocumented presence in the United States alone, however, in the absence of a previous removal order and unauthorized reentry, is not a crime under federal law.
therefore they should not even be going after these people unless they have committed some other offense (which most of them have not)."


Being in the U.S. without documentation is considered a civil matter, said Nancy Morawetz, professor of clinical law at New York University School of Law. "Being present in the U.S., that status, is not a crime," Morawetz said.

That doesn’t mean undocumented immigrants can live in the U.S. without consequence, said Rick Su, a professor at the University at Buffalo School of Law. Federal authorities can deport them.

A criminal violation comes with a punishment, like time in prison. Civil cases come with penalties instead. Deportation is considered a penalty under federal law, not a punishment.

"Congress can decide what they want to make a crime and what they want to make a civil violation," Su said. "What they’ve decided is that immigration violations by themselves are civil violations."


https://www.politifact.com/factchecks/2017/dec/02/kathy-sheehan/being-undocumented-immigrant-us-not-crime/

Looking at the link, entering the country illegally is a crime, but just being here undocumented is a civil matter.

There are some immigration laws that can land an immigrant in criminal court. Entering the U.S. illegally is a crime, for example, but staying after a temporary visa has expired is a civil violation

Recommendations

1 members have recommended this reply (displayed in chronological order):

ICE can beat up and kill anyone they want. Irish_Dem Jul 13 #1
"They assaulted my ears with insults, so I had to defend myself by fracturing their skulls." Girard442 Jul 13 #2
Fat nazi pig! wolfie001 Jul 13 #3
gICEstapo Uber Ales (R) BoRaGard Jul 13 #4
No longer a country of laws when a wannabe king decides who can overpower whom. sinkingfeeling Jul 13 #5
We are at war. Make no mistake. twodogsbarking Jul 13 #6
I wish more would understand this. (n/t) OldBaldy1701E Jul 13 #18
ICE is supposed to follow the law too. (In reality, they are breaking the law left and right) Wiz Imp Jul 13 #7
Correct; It is not a criminal offense, but is however a civil offense MichMan Jul 13 #35
The Trump administration said they were trying to "round up" criminals, i.e. people who have committed offenses beyond Wiz Imp Jul 13 #36
"Current estimates are that approximately 45% of undocumented immigrants did not enter illegally. " MichMan Jul 13 #37
Roughly 62% of undocumented immigrants are estimated to have initially entered the U.S. on valid visas but overstayed Wiz Imp Jul 13 #40
What about Traildogbob Jul 13 #8
heyh. i was just going to say that and you beat me to it. bravo , eggscllent AllaN01Bear Jul 13 #16
🤜🏼🤛🏼 Traildogbob Jul 13 #21
The little 🍄 dlilafae Jul 13 #9
Trump's Brownshirts. Timeflyer Jul 13 #10
...and the Trump Party Congress just voted to give them $170 billion of our dollars to... LudwigPastorius Jul 13 #29
Is there a tariff on law? Marthe48 Jul 13 #11
Protecting citizens from a guy running a weed eater at Ihop Trump?? Bengus81 Jul 13 #12
Total BULLSHIT, but i see THIS as HIS way to get his bluestarone Jul 13 #13
"...just like they protect the Public" markie Jul 13 #14
Trump is actually DENVERPOPS Jul 13 #15
When they murder people, he'll pardon them a second time IronLionZion Jul 13 #17
And bringing along all their DENVERPOPS Jul 14 #46
and now comes the wholesale killing. nt Javaman Jul 13 #19
California can pass their own laws oldmanlynn Jul 13 #20
Or as a society we say enough Hornedfrog2000 Jul 13 #39
Newsom, are you listening? n/t AntiFascist Jul 13 #44
Federal still supersedes state laws though Polybius Jul 13 #45
Next step is to declare martial law. . . . h2ebits Jul 13 #22
You know it's coming Zorro Jul 13 #23
Shoot to kill..... Bayard Jul 13 #24
John Roberts, the "gift that keeps on giving" Miles Archer Jul 13 #25
Brass knuckles and dirks? Sneederbunk Jul 13 #26
SCROTUS said he can do anything he wants if he decides it's official duty Yo_Mama_Been_Loggin Jul 13 #27
Just who ARE ICE agents, though DFW Jul 13 #28
i live in texas moonshinegnomie Jul 13 #30
Apparently they have raided there BumRushDaShow Jul 13 #31
He's really salivating over a pretext for martial law. PSPS Jul 13 #32
Headline should read: LT Barclay Jul 13 #33
This will be interpreted as... jmowreader Jul 13 #34
Let's be perfectly clear BidenRocks Jul 13 #38
This bastard really thinks he's a fucking king. bluestarone Jul 13 #41
So, what's going to happen now? We're going to have a bunch of new fake ICE agents running around, w/ no IDs, no SWBTATTReg Jul 13 #42
The authority he thinks he has TimeToGo Jul 13 #43
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