Why do people keep refering to illegal aliens as criminals?

Question

Its not a crime to be in the US illegally. You will not receive jail time unless you actually commit a crime. I dont understand the logic of some people to say its a crime when its not considered a crime by the laws of this country.

Congress has broad plenary authority to determine classes of aliens who may be
admitted into the United States and the grounds for which they may be removed.
Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct
may either disqualify an alien from entering the United States (“inadmissibility”) or
provide grounds for his or her removal/deportation. Prominently included among
this conduct is criminal activity. “Criminal activity” comprises acts violative of
federal, state, or, in many cases, foreign criminal law. It does not cover violations of
the INA that are not crimes — most notably, being in the U.S. without legal
permission. Thus, the term “illegal alien” — an alien without legal status — is not
synonymous with “criminal alien.”

http://www.au.af.mil/au/awc/awcgate/crs/rl32480.pdf

Unlawful presence is only a criminal offense when an alien is found in the United States
after having been formally removed or after departing the United States while a removal
order was outstanding. INA § 276; 8 U.S.C. § 1326.

justme-the us law says they are not criminals that is my question to you. If US laws says they are not criminals why do you refer to them as criminals?

Again no one is answering the question. The question is if the US says its not a criminal offense to be in the US illegally then why are you calling them legal. That is the laws of the country.

US congress is the one that says that they are not commiting a crime. You can put it any way you want but that is the law of the US. The only way its a criminal offense is if you have been deported before or if you commit an actual crime in the US. You can call them criminals but the US law does not call them criminals. So you can say it anyway you want to say it they are not considered criminals in the eyes of the law.

daydreamer...
i am only talking about the act of coming across the border illegaly that is not considered a crime. Now if you do use a fake SS number to work and stuff like that then thats when you are talking about commiting the crime. But most people on here say that illegals do not contribute into the system which means they are not using Ss numbers and stuff like that because according these people they are working under the table. You cant have it both ways. They cant be using peoples SS number and having a job that pays into the system or be paid under the table at the same time.

Again I will say I am just stating the US law. I am not stating anything other then US law.

Do the research yourself....

Answer 1

You're correct about the legal issues. Being an illegal alien is is a civil violation, in the same category as parking tickets or speeding tickets - these are also violations of the law, but not crimes. The punishment, deportation, is more severe, but it is not a criminal act. If you want a serious answer to your question, the reason some people call *all* illegal aliens criminals is usually either because these people are ignorant of the intricacies of the law, or because they are just looking for a way to demonize them.

Answer 2

How about doing some research yourself before you start posting lies on the Internet. You are so wrong!

OF COURSE IT'S A CRIME TO CROSS THE US BORDER ILLEGALLY. What the heck are you babbling about. You are so ignorant about our immigration laws and criminal law in general!

If it isn't a crime, why do they deport and/or jail the illegals?

"Criminal law is the body of law that defines criminal offences and the penalties for convicted offenders.[13] Apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure.[14] In every jurisdiction, a crime is committed where three elements are fulfilled. First, the accused must commit the criminal act, or actus reus (guilty act).[15] Second, there must exist a victim, who suffered a legally recognised harm. In the case of victimless crimes, the legal system regards the accused, or society at large, as the victim of the criminal act. Third, there must exist causation, which is a logical connection, supported by evidence, that establishes the link between the criminal act and the harm suffered."

The illegals KNOW they are breaking the law. and they are hurting every American financially through taxes, schools, health care, etc...

You may be pro-illegal but you law is not on your side!

Gee, out of 33 answers only 6 agree with you. Hum!!!!

BTW, stop being rude in emails!

Answer 3

Because you cannot go to jail for simple Entry Without Inspection (EWI), it is not a "crime" nor a "misdemeanor." It is an "infraction" subjecting an alien to a civil penalty of $50 to $250 under Title 8 USC 1325. Overstaying a visa is not even an infraction, since the most that can happen is you have to pay a $200 application fee to extend the visa. That is why I compare illegal immigrantion to a speeding or parking ticket or if you are late in paying your taxes.

If you know your law, you look in Title 18 for "crimes" and Title 8 for "immigration offenses". "Crimes" in Title 18 include false citizenship claims , marriage fraud, and re-entry after deportation. It can be a "crime" to employ illegal aliens, but not for an alien to be employed.

In the attached news release, ICE says that only 86,000 of the 186,600 deportees last year were "criminals." "Criminal aliens are non-citizens who have committed felonies or other crimes that make them ineligible to remain in the United States in accordance with the Immigration and Nationality Act (INA)."

Answer 4

hold on now.. yes it is a crime to be in the usa legally. We do have laws right now that state if you are here living in this country, you must be documented. you may not receive jail time, but can (and should be deported) We have laws in this country which state this. But when you look at the big picture, look at all of the prisons and jails in this country. They are all overcrowded due to the high percentage of illegals in the prison system. By living where i do, i see everyday on the news crimes that are being committed by illegals.
But you are wrong on this point! It is a crime to be here illegally. If or when the govenment does there job and has a raid where suspected illegal aliens are what happens?? They are taken into custody and deported.

Answer 5

In legal terms, illegals have committed a misdemeanor for being here illegally, it is not considered a federal crime. Hence, some people, including Rudy Giuliani says it's "not a crime." However, according to legal definitions, a misdemeanor is a crime:

MISDEMEANOR - A minor crime (as opposed to a felony). A crime - less serious than a felony - which is punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.

By the way, what about these federal crimes committed by illegals:

Stealing identities and using fake documentation is a felony.
Reentering after deportation is a felony.

Therefore, illegal aliens = criminals.

Answer 6

I agree with you it is not crime to be in the US it is a violation though. What makes it a crime is when they obtain any false documents and use them to benefit from them. That is a crime. That is law 101.
I did read what I could understand what you writing. Learn how to spell and don't run your sentences together and most important taking reading comprehension. I realized you copied all this information so you'd think you'd get the spelling right and you'd understand what you were writing.

Answer 7

Under your premise, no illegal alien would ever have been deported the first time. It is unlawful therefore, criminal to be an illegal alien..thus the word..illegal. Criminal illegal alien is a descriptive term for the repeat offenders, like fugitive illegal alien is a descriptive term for those ICE is actively pursuing under orders of deportation.
Under your premise, not guilty unless caught. So someone can rob a bank, but that's not a crime unless they are caught.
Use of false documentation is a felony, and most of them do that. A misdemeanor is still a crime, such as entering illegally, althought I personally believe it should be a felony as it is in most nations.
If you are robbed and assaulted, would you not consider your attacker to be a criminal? If someone hits your car in a parking lot and leaves the scene, would you not consider him to have committed a crime? Under your premise, not unless they are caught.

Answer 8

It is a crime being here illegally> Also Federal laws are broken on ID & SS# fraud. The list is very long> There called Criminal illegal Aliens>And if not a crime than why are so many being rounded up and deported for being here illegally> Quess that put a ? on your statment>>>

Answer 9

Immigrants crossing into the US without proper documentation is considered to be a CIVIL offense, akin to traffic violations. I suppose by using their logic, anti-immigrant activists should refer to all who drive over the speed limit "criminals." Also, using their slippery slope standard, we should lock everyone who goes past the set speed limit because speeders cost the country in billions of dollars stemming from accidents, miscollected fines, and thousands of lives every year from their "criminal behavior." If we apply this same standard to criminal traffic violators as we do to undocumented immigrants, our streets would be a lot safer.

Answer 10

Giuliani Says Illegal Immigrants Are Not Criminals
Former New York mayor Rudolph Giuliani said Friday that illegal immigration is not a crime, prompting immediate criticism from his presidential rivals on an incendiary issue for Republican voters.

Giuliani made the comments during a CNN interview with host Glenn Beck on Headline News, saying that violations of the nation's immigration laws are civil violations, not criminal infractions.

"I know that's very hard for people to understand, but it's not a federal crime," Giuiani said, adding later that "I was U.S. attorney in the Southern district of New York. So believe me, I know this. In fact, when you throw an immigrant out of the country, it's not a criminal proceeding. It's a civil proceeding."

Answer 11

So when they steal or buy someone else's (legal American) S.S. card and use that under false pretenses, that is not a criminal act either? Basically what you are saying is that anyone from anywhere can come onto US soil provided they have no illegal criminal history? Then why are there people waiting in line for years to come in the legal way? There has to be more to the laws you cited, and there must be some legal structure to who comes and goes into and out of the country.