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MichMan

(15,459 posts)
35. Correct; It is not a criminal offense, but is however a civil offense
Sun Jul 13, 2025, 04:17 PM
Sunday

"A reminder that:

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.
therefore they should not even be going after these people unless they have committed some other offense (which most of them have not)."


Being in the U.S. without documentation is considered a civil matter, said Nancy Morawetz, professor of clinical law at New York University School of Law. "Being present in the U.S., that status, is not a crime," Morawetz said.

That doesn’t mean undocumented immigrants can live in the U.S. without consequence, said Rick Su, a professor at the University at Buffalo School of Law. Federal authorities can deport them.

A criminal violation comes with a punishment, like time in prison. Civil cases come with penalties instead. Deportation is considered a penalty under federal law, not a punishment.

"Congress can decide what they want to make a crime and what they want to make a civil violation," Su said. "What they’ve decided is that immigration violations by themselves are civil violations."


https://www.politifact.com/factchecks/2017/dec/02/kathy-sheehan/being-undocumented-immigrant-us-not-crime/

Looking at the link, entering the country illegally is a crime, but just being here undocumented is a civil matter.

There are some immigration laws that can land an immigrant in criminal court. Entering the U.S. illegally is a crime, for example, but staying after a temporary visa has expired is a civil violation

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1 members have recommended this reply (displayed in chronological order):

ICE can beat up and kill anyone they want. Irish_Dem Sunday #1
"They assaulted my ears with insults, so I had to defend myself by fracturing their skulls." Girard442 Sunday #2
Fat nazi pig! wolfie001 Sunday #3
gICEstapo Uber Ales (R) BoRaGard Sunday #4
No longer a country of laws when a wannabe king decides who can overpower whom. sinkingfeeling Sunday #5
We are at war. Make no mistake. twodogsbarking Sunday #6
I wish more would understand this. (n/t) OldBaldy1701E Sunday #18
ICE is supposed to follow the law too. (In reality, they are breaking the law left and right) Wiz Imp Sunday #7
Correct; It is not a criminal offense, but is however a civil offense MichMan Sunday #35
The Trump administration said they were trying to "round up" criminals, i.e. people who have committed offenses beyond Wiz Imp Sunday #36
"Current estimates are that approximately 45% of undocumented immigrants did not enter illegally. " MichMan Sunday #37
Roughly 62% of undocumented immigrants are estimated to have initially entered the U.S. on valid visas but overstayed Wiz Imp Sunday #40
What about Traildogbob Sunday #8
heyh. i was just going to say that and you beat me to it. bravo , eggscllent AllaN01Bear Sunday #16
🤜🏼🤛🏼 Traildogbob Sunday #21
The little 🍄 dlilafae Sunday #9
Trump's Brownshirts. Timeflyer Sunday #10
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Is there a tariff on law? Marthe48 Sunday #11
Protecting citizens from a guy running a weed eater at Ihop Trump?? Bengus81 Sunday #12
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"...just like they protect the Public" markie Sunday #14
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When they murder people, he'll pardon them a second time IronLionZion Sunday #17
And bringing along all their DENVERPOPS Monday #46
and now comes the wholesale killing. nt Javaman Sunday #19
California can pass their own laws oldmanlynn Sunday #20
Or as a society we say enough Hornedfrog2000 Sunday #39
Newsom, are you listening? n/t AntiFascist Sunday #44
Federal still supersedes state laws though Polybius Sunday #45
Next step is to declare martial law. . . . h2ebits Sunday #22
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Shoot to kill..... Bayard Sunday #24
John Roberts, the "gift that keeps on giving" Miles Archer Sunday #25
Brass knuckles and dirks? Sneederbunk Sunday #26
SCROTUS said he can do anything he wants if he decides it's official duty Yo_Mama_Been_Loggin Sunday #27
Just who ARE ICE agents, though DFW Sunday #28
i live in texas moonshinegnomie Sunday #30
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Headline should read: LT Barclay Sunday #33
This will be interpreted as... jmowreader Sunday #34
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This bastard really thinks he's a fucking king. bluestarone Sunday #41
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The authority he thinks he has TimeToGo Sunday #43
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