Ouch.
By that logic, someone who overstays a visa violates the law by not exiting the country when the visa expires, but his continued presence in the country after the visa expired is not a crime -- only the initial act of overstaying the visa when it expired. If the continued presence after overstaying a visa is a crime, then the continued presence after illegally entering (without ever getting a visa) is also a crime. Continued presence after entering illegally is EXACTLY the same thing from an immigration status standpoint as overstaying a visa (aside from the fact that the criminal alien who overstays a visa was actually at some point in the country legally).
No it's not. Go read the federal law on this. There is a loophole. Being in the country after entering illegally IS NOT a crime.
This is a step on the road to “shamnesty” (de facto amensty).
Just what I expected after the “comprehensive immigration reform” got
b-tch-slapped twice due to the public outrage.
The lawyers and courts will eventually get a decision that is clearer...
if you break into the USA, don’t get caught, and the statute of
limitation runs...you can’t be deported.
Then automatic citizenship and benefits will be rationalized and
institutionalized in some further de facto scheme.