Bill O’Reilly was on the radio this morning, and he stated that it is not a crime to enter the country illegally, but it should be. However, he is wrong. It is a misdemeanor or a felony, depending on the circumstances. Sometimes, it is not a crime.
The Truth About the Crime of Illegal Immigration
“Every time you enter this country illegally, you violate a crime under title 8 United States code 1325 — it’s a crime,” ‘Border Czar’ Tom Homan told ABC News’ Martha Raddatz the last week of January, reflecting the administration’s categorization of the legal code.
The law prohibiting “improper entry” in the U.S. by noncitizens is found in 8 U.S. Code § 1325 and the Immigration and Nationality Act (INA). This legal code stipulates a fine or imprisonment for any migrant who “(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.”
How serious a punishment is applied depends on the number of times a person has illegally entered the U.S. — labeled as “illegal entry” the first time (a misdemeanor), “illegal re-entry” subsequently (a felony), and collectively as “entry-related offenses.”
Since physically crossing the border at a non-sanctioned location without inspection constitutes both a federal crime and a civil offense, these different levels of violation have also been emphasized differently by various leaders and groups.
Overstays
For individuals who once entered the U.S. legally but overstayed, remaining in the U.S. after a visa expires is referred to as “unlawful presence,” according to U.S. Citizenship and Immigration Services. This can be true across many varieties of temporary (non-immigrant) visas, including student, work, visitor, performing arts, and diplomat visas.
Visa expiration is not a crime, McKinney clarifies — rather, a violation of immigration law that renders the violators subject to removal.
There are many exceptions, but the following are the general rules, as outlined by the American Immigration Lawyers Association.
One must keep in mind that the exceptions were made before Democrats opened the border to massive immigration to get their permanent electoral majority.
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