What are the laws making it illegal to cross, or, to be here?

Question

An appeals court in Kansas has concluded that just being an illegal alien in the United States doesn't necessarily violate the law. The act of crossing the border is illegal, but, not being int he USA without papers.

[Federal law] declares an alien's unsanctioned entry into the United States to be a crime. While Congress has criminalized illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported and has again entered this country illegally," the court opinion said. "[Federal law] makes it a felony for an alien who has been deported to thereafter reenter the United States or at anytime thereafter be found in the United States."

Minnesota & Oregon have similar legislation.

Also, the penalty for being here illegally is deportation- not jail time.

http://www.wnd.com/news/article.asp?ARTICLE_ID=57266

Is this the "general policy" across state lines now?

Tom P- the police can't detain individuals for documentation. Only Ice can do that.

Answer 1

Being undocumented makes one deportable, but not necessarily a criminal. EWI is a misdemeanor and overstays are not even that.

Crimes found in 18 USC include failure to depart after ordered, entry without inspection, claiming US citizenship, presenting fraudulent documents, making false statements to immigration officers, attempted escape and re-entry after deportation.

Deportion charges found in INA 241 include being excludable at entry (see below), entry without inspection, marriage fraud, non-immigrant status violations (i.e. undocumented workers), Subversives, Nazis, prostitutes, arrival on a non-signatory line, narcotics violations, possession of weapons, undesireable, and fraudulent documents

Exclusion charges found in INA 212(a) include:
(15) likely to become a public charge, and (20) not in being in possession of proper documents, (28) Communists & Anarchists, and my personal favorites: (11)believing in polygamy and (13) immorality.

Answer 2

You are correct.

However, the authorities have the right under the Immigration and Nationality Act of 1996 to arrest and detain a person who is not of legal status at an immigration detention center.

Thereafter, the person can either sign a voluntary deportation paper, or he can appear before an immigration judge.

If the party wants to appear before an immigration judge, it may take a few weeks to a few months before his case is heard.

Answer 3

This case is sure to be reverse on appeal Also this is only for those illegals that are caught the first time. The second time it is a criminal act, and they could be given jail time, before being deported, but usually they are just deported

Answer 4

If that's true then illegal immigrant is not right, he would be an immigrant who entered the country illegally. If someone came here from Europe without a passport they wouldn't be here legally. It won't be long and the border between America and Mexico will not exist anyway.

Answer 5

Best way to do that is the legal way. Illegal entry into a country is Criminal, no matter how one trys to tap dance around it, it is illegal and a criminal act. I will be glad when those laws start being enforced. ICE is not the only one allowed to enforce them laws.

Answer 6

Yes, it is a strange policy. How can they allow them to stay when it is illegal to come?

Answer 7

Funny!
Ask the Police when they put the handcuffs on!
I'm sure they'll tell you.

Answer 8

"The act of crossing the border is illegal, but, not being int he USA without papers."

That's like saying it's illegal to break into my house, but as long as you stay there afterwards, it's legal. WTF?