As I understand it, being in the country illegally is a civil violation, not a criminal violation. It's like getting a parking ticket, compared to killing someone while driving drunk.
It's a technical distinction which is not politically helpful. Because most people don't understand the difference, and people react viscerally and negatively when the government cannot seem to control illegal immigration.
Addendum: I should add that another reason it's not helpful is because most people *want* illegal immigration to be a criminal offense, instead of just a civil offense.
It's part of the U.S. legal codes, though, which makes it appear criminal to me. I mean, if it were a merely civil violation, then how can the government handcuff and deport people based on a civil infraction? Most people aren't deported for parking illegally, s/ though perhaps they should be. /s
Yeah, I should have done a little more research before posting, since it's an interesting technical discussion (but I tried to argue earlier, not a helpful political distinction). Apparently, it can be both civil and criminal.
That sounds more correct to me. Otherwise you could be charged additionally for every day you stayed, which seems rather silly. Thanks for the clarification!
"Simply being in the country illegally is not a crime,"
What?
As I understand it, being in the country illegally is a civil violation, not a criminal violation. It's like getting a parking ticket, compared to killing someone while driving drunk.
It's a technical distinction which is not politically helpful. Because most people don't understand the difference, and people react viscerally and negatively when the government cannot seem to control illegal immigration.
Addendum: I should add that another reason it's not helpful is because most people *want* illegal immigration to be a criminal offense, instead of just a civil offense.
It's part of the U.S. legal codes, though, which makes it appear criminal to me. I mean, if it were a merely civil violation, then how can the government handcuff and deport people based on a civil infraction? Most people aren't deported for parking illegally, s/ though perhaps they should be. /s
Yeah, I should have done a little more research before posting, since it's an interesting technical discussion (but I tried to argue earlier, not a helpful political distinction). Apparently, it can be both civil and criminal.
According to one source, (https://www.findlaw.com/legalblogs/criminal-defense/is-illegal-immigration-a-crime-improper-entry-v-unlawful-presence/), illegal immigration can be both civil and criminal:
- Improper Entry Is a Crime, but
- Unlawful Presence Is Not a Crime
That sounds more correct to me. Otherwise you could be charged additionally for every day you stayed, which seems rather silly. Thanks for the clarification!