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  • Illegal immigration

    From Roy@21:1/5 to All on Mon Mar 10 11:00:39 2025
    Rep. Jasmine Crockett, D-Texas, said on MSNBC on Saturday that illegally entering the country was "not a crime". She used the time to explain to
    the audience that illegally entering the country was not a "crime" but a
    "civil accusation," meaning illegal immigrants are not criminals.
    Somehow I suspect she is not reading things correctly.

    AFAIK the law says that improper entry into the United States is
    considered a federal misdemeanor crime in violation of 8 USC 1325,
    punishable by fines and up to six months in jail for first-time
    offenders. Repeat offenders can be subjected to fines and up to two
    years in prison.

    Under 8 USC 1326, reentry of removed illegal immigrants who have been
    removed following the conviction of three or more misdemeanor crimes can
    also face up to 10 years in prison. Reentry of removed illegal
    immigrants who have been removed following the conviction of a felony
    can face up to 20 years in prison.

    It turns out that "unlawful presence," or overstaying a "period of stay" authorized in the U.S. such as a work visa, is not considered a criminal offense.

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  • From Rick@21:1/5 to Roy on Mon Mar 10 14:26:29 2025
    On 3/10/2025 2:00 PM, Roy wrote:
    Rep. Jasmine Crockett, D-Texas, said on MSNBC on Saturday that illegally entering the country was "not a crime".  She used the time to explain to
    the audience that illegally entering the country was not a "crime" but a "civil accusation," meaning illegal immigrants are not criminals.
    Somehow I suspect she is not reading things correctly.

    AFAIK the law says that improper entry into the United States is
    considered a federal misdemeanor crime in violation of 8 USC 1325,
    punishable by fines and up to six months in jail for first-time
    offenders. Repeat offenders can be subjected to fines and up to two
    years in prison.

    Under 8 USC 1326, reentry of removed illegal immigrants who have been
    removed following the conviction of three or more misdemeanor crimes can
    also face up to 10 years in prison. Reentry of removed illegal
    immigrants who have been removed following the conviction of a felony
    can face up to 20 years in prison.

    It turns out that "unlawful presence," or overstaying a "period of stay" authorized in the U.S. such as a work visa, is not considered a criminal offense.


    I think she clearly got it wrong. Maybe what she meant is that
    illegally entering the country isn't a felony, which it isn't. But misdemeanors are still crimes.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Roy on Tue Mar 11 10:09:56 2025
    Roy <[email protected]> wrote in news:vqn99b$1fg9n$[email protected]:

    Rep. Jasmine Crockett, D-Texas, said on MSNBC on Saturday that
    illegally
    entering the country was "not a crime". She used the time to explain
    to
    the audience that illegally entering the country was not a "crime" but
    a
    "civil accusation," meaning illegal immigrants are not criminals.
    Somehow I suspect she is not reading things correctly.

    AFAIK the law says that improper entry into the United States is
    considered a federal misdemeanor crime in violation of 8 USC 1325,
    punishable by fines and up to six months in jail for first-time
    offenders. Repeat offenders can be subjected to fines and up to two
    years in prison.

    Under 8 USC 1326, reentry of removed illegal immigrants who have been
    removed following the conviction of three or more misdemeanor crimes
    can
    also face up to 10 years in prison. Reentry of removed illegal
    immigrants who have been removed following the conviction of a felony
    can face up to 20 years in prison.

    It turns out that "unlawful presence," or overstaying a "period of
    stay"
    authorized in the U.S. such as a work visa, is not considered a
    criminal
    offense.

    My understanding is that most of the people who entered the US and don't
    have a visa to be here, requested asylum. There is a shortage of
    immigration judges, so sometimes it takes many years for those claims to
    be heard in court. Apparently most of them are denied, but in the mean
    time the applicants are here legally.


    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
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  • From Roy@21:1/5 to Stuart O. Bronstein on Tue Mar 11 14:51:20 2025
    On 3/11/2025 10:09 AM, Stuart O. Bronstein wrote:


    My understanding is that most of the people who entered the US and don't
    have a visa to be here, requested asylum. There is a shortage of
    immigration judges, so sometimes it takes many years for those claims to
    be heard in court. Apparently most of them are denied, but in the mean
    time the applicants are here legally.



    That is true but you have to surrender to the border patrol people and
    apply. You usually have to apply for asylum within one year of entering
    the United States (with some exceptions).

    --- SoupGate-Win32 v1.05
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