Yes, there is a crime of "improper entry" under 8 U.S.C. § 1325(a)(1) that makes it a misdemeanor to enter the country illegally. But:
A: That offense doesn't apply to visa overstays, and;
B: The statute of limitations is 5 years, and most undocumented immigrants have been here for 15+ years.
A: That offense doesn't apply to visa overstays, and;
B: The statute of limitations is 5 years, and most undocumented immigrants have been here for 15+ years.
Reposted from
Aaron Reichlin-Melnick
What a lie. Here's the Supreme Court in 2012 making clear that simply being in the country without permission is NOT a crime: "As a general rule, it is not a crime for a removable alien to remain present in the United States."
It's a civil violation, not a crime.
It's a civil violation, not a crime.
Comments
For that group, it IS a crime under 8 U.S.C. § 1326 for them simply to be in the US, and the statute of limitations does not begin to run until the person comes onto immigration’s radar.
- It is not a crime to be here in violation of immigration law, unless you've previously been deported;
- Visa overstays haven't committed any crimes; and
- The majority of people who did commit a crime on entering are now over a decade past the time that offense was prosecutable.