This is such a straw man argument.
Someone who legally enters this country (via a passport or visa) and overstays the limitations of that visit are here illegally, yes. But they are a known entity. The government knows they are here and if they are caught, there are repercussions in terms of fines, repatriation, problems renewing a visa, or even being declared persona non grata.
And that is a real problem now, especially for people from Europe and Asia.
But that isn't the issue that everybody is focused on. We are focused on border security, where we don't even know who is coming into this country. There are no visas or passports that get looked at and registered. There is no escalating scale of punishment for breaking the rules, in fact for many of these people, there is no punishment at all.
Bush knows this and he is purposefully conflating the issue of Visa overstays with people who cross the border without any controls. One is a law enforcement issue, the other is a national security issue.
It's the difference between someone who passes a bad check versus an armed bank robber.
Wrong. First 40% of the illegals here are visa overstays. Second, they are both security issues. The 9/11 hijackers came here legally and many were visa overstays. Securing the border solves only part of the problem. We must track and deport visa overstays who are just as much of a threat as those crossing the border. They are here illegally.
If you overstay your visa, you are under the law supposed to be deported. There are no fines. You are placed on a lookout list and will not be issued another visa to come to the US for at least 10 years.
Illegal aliens who are caught are deported. They have committed a misdemeanor. If they reenter and are caught again, it is a felony. They can be jailed on that basis. After serving their sentence, they are deported. They cannot be issued a visa for at least 10 years. Multiple infractions will remove any eligibility for legal entry.
We are not enforcing the law for illegal aliens who enter and are caught multiple times.