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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestion 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
20 hrs ago
OP
Silent Type
(9,981 posts)1. Watching. Not a lawyer, but I always remind rube deportation supporters that at worst it's a "misdemeanor."
DemocratSinceBirth
(101,007 posts)2. Surprised a lawyer hasn't weighed in.
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
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.