Wednesday, July 08, 2026

They're breaking American laws!-----I get angry when an elected official claims ICE is "going after people who have committed no crimes" because they either know better and are lying or they are completely ignorant of the law.

Yes, unlawful presence (being in the U.S. without authorization, i.e. visa overstays) is generally a civil immigration violation, not a crime - but it doesn't really matter that it might or might not lead to criminal prosecution.  - Michael Smith
  • It can lead to removal (deportation) through immigration proceedings, which are entirely, by statute, a function of the executive branch and unreviewable by the judicial branch.
  • Improper entry (crossing the border between ports of entry, evading inspection, or entering by fraud) IS a federal criminal offense under 8 U.S.C. § 1325...

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