From Newsgroup: alt.law-enforcement

On 7/7/25 10:34, Lou Bricano wrote:

By Brett Snider, Esq. | Last updated on May 31, 2019

*Improper Entry Is a Crime*

To be clear, the most common crime associated with illegal immigration
is likely improper entry. Under federal criminal law, it is misdemeanor
for an alien (i.e., a non-citizen) to:

-a* Enter or attempt to enter the United States at any time or place
other than designated by immigration officers;
-a* Elude examination or inspection by immigration officers; or
-a* Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts.

The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" --
are criminal acts associated with illegally immigrating to the United States.

Like all other criminal charges in the United States, improper entry
must be proven beyond a reasonable doubt in order to convict.

*Unlawful Presence Is Not a Crime*

Some may assume that all immigrants who are in the United States without legal status /must/ have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work
or travel visa, but fail to exit before their visa expires for a variety
of reasons.

But mere unlawful presence in the country is not a crime. It is a
violation of federal immigration law to remain in the country without
legal authorization, but this violation is punishable by /civil/
penalties, not criminal. Chief among these civil penalties is
deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the
United States, or permanent residency.

Both improper entry and unlawful presence should be avoided by any
immigrant to the United States, but an illegal alien cannot be
criminally charged or incarcerated simply for being undocumented. To
learn more, check out FindLaw's section on Immigration Law. [https:// www.findlaw.com/immigration.html]

https://www.findlaw.com/legalblogs/criminal-defense/is-illegal- immigration-a-crime-improper-entry-v-unlawful-presence/

Unlawful presence is not a crime. This is settled. scooter is just wrong about this.

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