The Hot Gremlin

GO OFF BESTIE

CITY OF ANGELS

Donald Trump has authorized 2,000 National Guard troops to be used against protesters, whose goal was to put a stop to ICE's kidnapping raids.

The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime. While federal immigration law does criminalize some actions that may be related to undocumented presence in the United States, undocumented presence alone is not a violation of federal criminal law. Thus, many believe that the term “illegal alien,” which may suggest a criminal violation, is inaccurate or misleading. Entering the United States without being inspected and admitted, i.e., illegal entry, is a misdemeanor or can be a felony, depending on the circumstances. 8 U.S.C. § 1325. But many undocumented immigrants do not enter the United States illegally. They enter legally but overstay, work without authorization, drop out of school or violate the conditions of their visas in some other way. Current estimates are that approximately 45% of undocumented immigrants did not enter illegally. See Pew Hispanic Center, Modes of Entry for the Unauthorized Migrant Population [May 22, 2006]. Undocumented presence in the United States is only criminally punishable if it occurs after an individual was previously formally removed from the United States and then returned without permission. 8 U.S.C. § 1326 (any individual previously “deported or removed” who “enters, attempts to enter, or is at any time found in” the United States without authorization may be punished by imprisonment up to two years). Mere undocumented presence in the United States alone, however, in the absence of a previous removal order and unauthorized reentry, is not a crime under federal law.

Even now, under Trump's second administration, immigration is a CIVIL matter, not a criminal one. Immigration violations are often at most misdemeanors that should be dealt with peacefully, not with brute force. And if these pro-ICE people are truly so about prosecuting crime, then they should take into account that blowing this kind of civil matter up like this is only wasting time and resources that could be set aside for serious crimes. Quoting the ACLU again --

Use of federal law enforcement resources to target undocumented immigrants for criminal prosecutions may have serious consequences for public safety. The greater focus on criminal violations of immigration laws has led to fewer resources to investigate and prosecute dangerous crimes. At the same time that the Bush administration dramatically increased federal prosecutions for illegal entry and reentry of the United States, the government’s prosecution of gun trafficking, public corruption, organized crime and white-collar crime declined. See Solomon Moore, “Study Shows Sharp Rise in Latino Federal Convicts,” New York Times (Feb. 18, 2009).