It is a misdemeanor the first time, a felony the second time you are caught. Being here illegally is criminal.
Sparky... Reading is FUNdamental..
https://blogs.findlaw.com/blotter/2...crime-improper-entry-v-unlawful-presence.html
Is Illegal Immigration a Crime? Improper Entry v. Unlawful Presence
What's the illegal part of being an illegal immigrant? Is it a crime to simply be an undocumented immigrant residing in the United States? What about sneaking across the border?
The confusion lies in the legal difference between
improper entry and
unlawful presence. Here's what you need to know:
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:
- Enter or attempt to enter the United States at any time or place other than designated by immigration officers;
- Elude examination or inspection by immigration officers; or
- 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.
Now when you come up from your mom's basement and she asks: "Did you learn anything new today?"
You can say "Yes".
P.S.
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