Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

DemocratSinceBirth

(101,007 posts)
Fri Jun 13, 2025, 10:35 AM 20 hrs ago

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.

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Question for DU lawyers (Original Post) DemocratSinceBirth 20 hrs ago OP
Watching. Not a lawyer, but I always remind rube deportation supporters that at worst it's a "misdemeanor." Silent Type 18 hrs ago #1
Surprised a lawyer hasn't weighed in. DemocratSinceBirth 17 hrs ago #2
8 U.S. Code § 1325 - Improper entry by alien Mosby 16 hrs ago #3

Silent Type

(9,981 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
18 hrs ago

DemocratSinceBirth

(101,007 posts)
2. Surprised a lawyer hasn't weighed in.
Fri Jun 13, 2025, 01:28 PM
17 hrs ago

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

(18,625 posts)
3. 8 U.S. Code § 1325 - Improper entry by alien
Fri Jun 13, 2025, 02:34 PM
16 hrs ago
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.
Latest Discussions»General Discussion»Question for DU lawyers