But the law seems to make a distinction in the way it treats categories like overstayers vs. border-crossers.
The Congressional Research Service (CRS), in an Apr. 6, 2006 report entitled "Immigration Enforcement Within the United States," discussed the distinction between civil and criminal immigration law violations:
"The INA (Immigration and Nationality Act) includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice).
Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing in and harboring of certain undocumented aliens, the illegal entry of aliens, and the reentry of aliens previously excluded or deported."http://immigration.procon.org/sourcefiles/ImmigrationEnforcementWithintheUnitedStates.pdfAnd, enforcement priorities generally focus onthe border:
U.S. not cracking down on immigrants with expired visasby Daniel González - May. 10, 2010 12:00 AM
The Arizona RepublicNot every illegal immigrant in the United States snuck across the border. A very large number, perhaps as many as 5.5 million, entered legally with visas and then never left.
But unlike the hundreds of thousands of illegal immigrants apprehended at the border every year, very few visa violators are ever caught.
The Border Patrol's Tucson sector, the busiest in the nation, logged 112,488 apprehensions last fiscal year. In comparison, federal agents in Arizona tracked down and arrested 27 people who had overstayed their visas.
Visa violators represent nearly half of the 11 million illegal immigrants in the country. But they have been largely ignored amid a national clamor to secure the border, fueled in part by Arizona's tough new immigration law, the killing of a southern Arizona rancher and worries that cartel violence in Mexico could spill into this country, analysts and experts say.
Read more:
http://www.azcentral.com/news/articles/2010/05/10/20100510illegal-immigrants-overstay.html#ixzz0nVsZTFkt