Illegal = criminal?

Lori K

Illegal does mean criminal. There is no difference. ID fraud is criminal too. So is tax evasion. So is working without a valid work visa or permit.

Civil law is concerned with relationships between individuals and is addressed in civil court. Criminal law pertains to the relationship between an individual and the state. Cases that are prosecuted are heard in criminal court. You will never see a federal immigration case held in a civil court. The notion that illegal immigration is a "civil, rather than criminal" matter is just plain false.

Indeed, section of 275(a) of the Immigration and Nationality Act (8 U.S.C. 1375(a)) states plainly, so even nonlawyers can understand: "Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under Title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than 2 years, or both."

In other words, under federal law, any alien who sneaks across our border or comes in by fraud commits a crime. Even attempting such entry is a crime, not a mere civil offense.

The first commission of unauthorized entry is a misdemeanor. But second or more illegal entries each constitute a felony.

Prosecutors don't often criminally prosecute border jumpers, even repeat offenders. But they clearly could.

Federal officials routinely put illegal crossers into removal proceedings. Such deportation processes afford the alien lawbreakers fewer "rights," for example not entitling them to a court-appointed lawyer and a jury trial.

These civil proceedings are quicker and cheaper. But the plea-bargain process can get foreign criminals swiftly through criminal proceedings that would hold them more fully accountable for their crimes.

arch0049

Actually, its a civil offense. Not a criminal one according to US legislative code. Technically she was right.

It is amazing the level ignorance here. There is a difference between CIVIL and CRIMINAL LAW. When you break civil law, you are not a CRIMINAL. YOU ARE ONLY A CRIMINAL WHEN YOU BREAK CRIMINAL CODE. Immigration is a CIVIL CODE ISSUE.

Is it immoral for them to be here? Sure. But, CRIMINAL - NO.

Now, them obtaining falsified documents is a whole different issue. Simply being in the US is not a crime.

Fred S

The dictionary says that a criminal is one who has committed or been legally convicted of a crime (a law violation).

Crossing the United States border without US Government authorization or failing to honor the terms of authorized forms of entry, such as tourist visas, represent the most common means of violation.

Under the Immigration and Nationality Act illegal entry into the US constitutes a misdemeanor for first-time offenders, while persons who have been shown to repeatedly enter the US can be charged as felonies.

It is generally thought that about sixty percent (60%) of the illegal aliens in the country are illegal by virtue of having improperly entered the U.S. It is believed that about forty per cent (40%) of the illegal aliens in the U.S. are illegal by virtue of having exceeded the time period in which they are authorized by the U.S. government to be present in the U.S.

So, there's a 60% chance that the girl is a criminal and an illegal at the same time.

Frank P

Great, whose job did she steal? Affordable housing is tight around here, who did she screw out of it?Under the law "we" have the right to "protest" not her. Who pays her doctor bills if she gets hurt, the employers 'insurance' company won't pay for it, who pays? Most of these protests need "law enforcement" to watch over, so no one gets hurt, who pays for it? I could go on and on. Does Mr. Civil get it yet?

Stats C (unbiased analysis)

arch hit the nail right on the head

if you hatefully blind pundits still don't get it, consider this:
is EVERYONE who has ever been issued a PAKING CITATION a CRIMINAL?

parking infractions are civil law violations

this is not a black and white issue... there's a little white, a little black and a vast gray in between

Razor Jim

No one wants to think of themselves as a criminal...even though that is exactly what they are. 500,000 illegals are in US prisons for murder,rape and robbery.

Gretl

ILLEGAL ENTRY INTO THE U.S.A.:

Under Title 8 Section 1325 of the U.S. Code, Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

* Eludes examination or inspection by immigration officers; or

* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

So... sneaking into the United States of America is a CRIMINAL act, conducted by an "Alien" - therefore, the term Illegal/Criminal/Alien is a correct term. The person is an "Illegal" - "Criminal" - "Alien" ..... period.

odysseus1959

I feel that none of them get the illegal part of being an illegal alien.

Keep on Truckin'

Yes, she is a criminal if she is illegal. But many don't see it this way, for whatever reason. She is likely using a false or stolen SSN or her employer, who might know she is illegal, is paying her under the table in cash. In which case, that is illegal too. You see, that is a big problems with illegals. They don't see crossing over as breaking the law, nor working with a false number......so their "crimes" are constantly being downplayed by themselves, so they start this vicious cycle of breaking the law yet feeling like they are not. It never ends.

But sadly, the US govt has a lot to do with this feeling of "I'm not a criminal". ICE knows where to find these people but won't go after them. Laws protect illegals if they have been arrested for misdemeanors too. Police don't have the right to ask about their status if they have been arrested even for a crime such as DWI. (I know of an illegal who has been arrested SIX times for drugs and he is still here.) And then of course city govts build the day labor sites for them to stand at when looking for day labor. Aint that a ******.

vrogatch

If you got a speeding ticket it does not mean you are a criminal, right? Being here illegaly is a violation of the US law, but it's not criminal. That's why the worst punishment for being illegal is deportation, not execution.

orale.carnal

Why wonder, you could of asked since you ended up in a discussion?
What I really wanted to say was about the, even non lawyers can understand. No laws are written so they can understood, they are written to bounce back and forth on each other so one thinks they understand. Here's whats further under what you posted,
Sec. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

(b) 1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

It seems like section a confuses section b or it just confuses me.

Further in the CRS Report for Congress - Immigration Enforcement Within the United States, it says.
Types of Immigration Enforcement
The INA includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice).32 Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and
subsequent deportation and associated administrative processes are civil proceedings.33 For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitorâ€™s visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing
in and harboring of certain undocumented aliens (INA Â§274), the illegal entry of aliens (INA Â§275), and the reentry of aliens previously excluded or deported (INAÂ§276).34

I don't know maybe I'm just shooting rocks at cans but pappa always said put enough noodles in the soup and no one can miss getting one.

G-gal

I believe by definition if you are knowingly breaking the law you are a criminal.

Ken B

Yes. Illegal = criminal
Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This
illegal alien
â€“noun 1. a foreigner who has entered or resides in a country unlawfully or without the country's authorization.
2. a foreigner who enters the U.S. without an entry or immigrant visa, esp. a person who crosses the border by avoiding inspection or who overstays the period of time allowed as a visitor, tourist, or businessperson. Compare resident alien.

Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This
crimÂ·iÂ·nal /ËˆkrÉªmÉ™nl/ Pronunciation Key - Show Spelled Pronunciation[krim-uh-nl] Pronunciation Key - Show IPA Pronunciation
â€“adjective 1. of the nature of or involving crime.
2. guilty of crime.
3. Law. of or pertaining to crime or its punishment: a criminal proceeding.
4. senseless; foolish: It's criminal to waste so much good food.
5. exorbitant; grossly overpriced: They charge absolutely criminal prices.
â€“noun 6. a person guilty or convicted of a crime.

catmaninmo

change whatever codes needed.... make illegal = criminal in all aspects of US law

papi chulo

......you hide your racist view behind a 'fake' question and stab from the back. I'll have more respect for you if you stab from the front.

peanuthead

Arch.....I would LOVE to agree with you......but when a criminal background check is done on a legal citizen.....those CIVIL offenses count as a CRIME.....even if they were just CHARGED with it and not CONVICTED.

JUSTME

Your are correct.

Illegal criminal alien is the proper term.

Gone

I agree with you 500%.

It amazes me that so many people forget that ILLEGAL beans breaking the law, and if you break the law you are a criminal.

Being in this country ILLEGALLY is acctually a FEDERAL FELONY, much worse than a simple traffic violation. But ILLEGAL IS ILLEGAL.

Joe Iwojima

illegal aliens in Texas are ruining the state. We have caused the problem by using them to clean our homes, cut grass etc. The problem comes with paying taxes for their babies,crime,no auto insurance, schooling. You can see them lined up around the block each friday at wire transfer offices sending the greenbacks to ole mececo.

nadie

Criminal is a very big word for people who, most of them, only want a better life.
I don't mean gangsters like Marasalvatrucha, or the drug dealers. Those should be shot

Criminal is somebody who killed someone. Most of illegals have not killed anybody

You want to simplify something that is not so simple. According to that reasoning of yours, in the XIX century, human beings were slaves, and anybody helping them to be free were criminals.
Therefore, I assume that you support slavery

The world is not black and white. The world is gray, bubbles

To ken b:
Well said ! Convicted of a crime. Somewhere it says that a person is considered innocent until proven guilty in a court of law.
But most of those called illegals are being deported without been proven guilty in any court of law.
Therefore, their deportation is illegal itself
Good point !

countryboy

The answer that it's a civil offense per the US legislative code could very well be why we are having these problems and can't resolve anything. Joe Iwojima has a good point of what is taking place in Texas, and it is also happening everywhere else.
It really doesn't matter how you want to interpret what's illegal, it's still an act of doing something that's not legal. People can indicate civil offense codes, but it doesn't change that the person is in the United States illegal, like mistletoe on an oak tree deriving support from the tree, it's also that way with all illegals from the US tax payers.
She told you she had a regular job, that could be very true, they all have regular jobs but try to find any records that she and the others are paying taxes like US citizens do. No matter how you look at it, one way or another, they are still not legal, nor are they trying, just hiding behind every way possible not to comply with the laws of the US. Alot of the problems with their actions are thanks to special interest groups, which the LULAC is one of them, that interfere with what has to be done to resolve problems.
If someone in our government and state offices don't start finding ways to resolve these problems, it could be like a tiger in a corner, watch out. The riots in LA will be mild compared to what could take place with these illegals.if something isn't done soon.

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