2007-08-10 10:39:46 · 4 answers · asked by jakeb 1 in Politics & Government ➔ Law & Ethics
If it is for a crime that falls under state or any other jurisdiction then they can be charged by that jurisdiction. However, only the federal government can charge them for an immigration related charge (I imagine you mean entering the country illegally?) Immigration, border patrol, etc. are the solely the responsibility of the federal government (Like national defense). As a country with a federal system of government different entities have different responsibilities, From the Federal to state to city to school board to municipal utility district, the lower down the totem pole you get you find less (and less serious) areas of responsibility.
2007-08-10 11:10:10 · answer #1 · answered by SeanS 2 · 0⤊ 0⤋
It depends on the charge. The feds generally only pick up a case if the charge falls squarely in their backyard. Generally with financial crimes, this would mean a substantial amount of money. With capital crimes, the charges have to involve human trafficking, murder across state lines, kidnapping, etc etc.
Generally an undocumented alien who has a state felony will be prosecuted at the state level, if convicted...do their sentence and then once the sentence is complete, be transferred to INS for deportation.
2007-08-10 17:46:26 · answer #2 · answered by TelulahB 3 · 1⤊ 0⤋
If you are asking if being in the country illegally can be prosecuted as a state crime, I doubt it. I do like the idea. That said, if they commit additional crimes that ARE state felonies, there alien status has no effect on charging them with those crimes. If Identity fraud is not a state felony, it should be. It is not possible for an illegal alien to earn money without engaging in tax evasion or identity fraud.
2007-08-10 17:53:17 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
can you give a lil more detail?? i dont understand the question.
2007-08-10 17:44:14 · answer #4 · answered by <Carol> 5 · 0⤊ 0⤋