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DemocratSinceBirth

(101,054 posts)
Fri Jun 13, 2025, 10:35 AM Jun 13

Question for DU lawyers

Is illegally entering the United States a civil offense or a misdemeanor? The relevant statute seems to suggest it can be charged as either. Thank you in advance.

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Question for DU lawyers (Original Post) DemocratSinceBirth Jun 13 OP
Watching. Not a lawyer, but I always remind rube deportation supporters that at worst it's a "misdemeanor." Silent Type Jun 13 #1
Surprised a lawyer hasn't weighed in. DemocratSinceBirth Jun 13 #2
8 U.S. Code § 1325 - Improper entry by alien Mosby Jun 13 #3

Silent Type

(10,556 posts)
1. Watching. Not a lawyer, but I always remind rube deportation supporters that at worst it's a "misdemeanor."
Fri Jun 13, 2025, 12:06 PM
Jun 13

DemocratSinceBirth

(101,054 posts)
2. Surprised a lawyer hasn't weighed in.
Fri Jun 13, 2025, 01:28 PM
Jun 13

A pro immigration advocate on tv likened it to a misdemeanor to DUI and her debating opposite jumped on it and said that's pretty bad. That was a crappy analogy. Simple trespass is a better analogy. It's relatively benign behavior like going into a part of the beach that's closed. A friend of mine actually did that. She did some community service and get the charges deferred.

Mosby

(18,812 posts)
3. 8 U.S. Code § 1325 - Improper entry by alien
Fri Jun 13, 2025, 02:34 PM
Jun 13
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

So that's in the range of a misdemeanor 2/3.
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