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Jim Newman's avatar

They are not criminals guilty of committing a felony. Coming into this country illegally is a civil matter.

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Danielle NJ's avatar

I agree it's a civil matter from a prioritization/ resource management perspective. Law enforcement) prosecutors each have (or had) discretion on which laws to emphasize.

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JL's avatar

This appears to be more serious than a civil matter, but I'm not an attorney.

8 U.S. Code ┬з 1325 - Improper entry by alien

U.S. Code

(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

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.

(https://www.law.cornell.edu/uscode/text/8/1325)

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Jim Newman's avatar

It is still a civil matter as opposed to a criminal matter..

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JL's avatar

Okay. If Cornell law is correct, imprisonment and/or fine can result.

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Elizabeth McIlvaine's avatar

Not sure that is true. A visa overstay who is in the country without permission is a civil matter. I think someone who has entered without authorization has committed a crime. You canтАЩt imprison someone for a civil violation. I agree that many people thought Trump was only going to deport people who committed crimes in the U.S. after they entered

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James Quinn's avatar

"I agree that many people thought Trump was only going to deport people who committed crimes in the U.S. after they enteredтАЭ

When in fact that was never his intention, only what he sold them. The fact that so many seemed either unaffected, or worse accepting of his capacity for lying as easily and almost as often as he breathes is the problem.

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