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In reply to the discussion: Trump authorizes Ice agents to protect themselves using 'whatever means' necessary [View all]MichMan
(15,493 posts)35. Correct; It is not a criminal offense, but is however a civil offense
"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 doesnt 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 theyve decided is that immigration violations by themselves are civil violations."
That doesnt 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 theyve 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
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Trump authorizes Ice agents to protect themselves using 'whatever means' necessary [View all]
BumRushDaShow
Jul 13
OP
"They assaulted my ears with insults, so I had to defend myself by fracturing their skulls."
Girard442
Jul 13
#2
No longer a country of laws when a wannabe king decides who can overpower whom.
sinkingfeeling
Jul 13
#5
ICE is supposed to follow the law too. (In reality, they are breaking the law left and right)
Wiz Imp
Jul 13
#7
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
...and the Trump Party Congress just voted to give them $170 billion of our dollars to...
LudwigPastorius
Jul 13
#29
SCROTUS said he can do anything he wants if he decides it's official duty
Yo_Mama_Been_Loggin
Jul 13
#27