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To: Spunky; Jane Long

It’s NOT a felony to enter US illegally, which means not entering at ports of entry. It’s a misdemeanor.
Most they would get is 6 months, if enforced by fed. If it is a Texas felony, they could get 10 yes or what is written into law.

8 U.S. Code § 1325 - Improper entry by alien

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LII U.S. Code Title 8 CHAPTER 12 SUBCHAPTER II Part VIII § 1325
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8 U.S. Code § 1325 - Improper entry by alien
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(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien 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, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b)Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1)at least $50 and not more than $250 for each such entry (or attempted entry); or

https://www.law.cornell.edu/uscode/text/8/1325

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. To learn more, check out FindLaw’s section on Immigration Law.

https://www.findlaw.com/legalblogs/criminal-defense/is-illegal-immigration-a-crime-improper-entry-v-unlawful-presence/#:~:text=Under%20federal%20criminal%20law%2C%20it%20is%20misdemeanor%20for,by%20willfully%20concealing%2C%20falsifying%2C%20or%20misrepresenting%20material%20facts.


1,284 posted on 05/08/2023 4:30:40 PM PDT by Rusty0604 (Desperately looking for new conspiracy theories as all the old ones have come truep)
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To: Rusty0604

“It’s NOT a felony to enter US illegally,.....”

I guess it depends on who you read.

“Is Unlawful Entry a Felony?
Yes, unlawful entry is a felony. And having a felony offense makes it extremely difficult to legally reenter the United States. A list of undocumented immigration civil offenses and violation consequences are listed below.”
https://www.lawfirm1.com/unlawful-entry/


1,297 posted on 05/08/2023 5:31:36 PM PDT by Spunky (Praise the Lord for all things.)
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