Clarifying Point - An alien unlawfully present in the United States for a period of less than 180 days is in violation of the law - an infraction similar to a minor traffic ticket. Many people have received a minor traffic ticket and they are not considered a criminal, although the law was violated. I am not making an argument so much as reading and trying to make sense of what the law states.
The border should be secured. Aliens must be determined as admissible in order to enter the US and the government must exclude 'felony type' criminals, subversives, terror supporters, and so forth. But it serves no purpose to label any 'Improper Entry Alien' as Criminal when the law stipulates Civil not Criminal penalties.
Again, I am not a lawyer but this appear to be the gist of the Federal Code.
Fair enough.
In my opinion, anyone who does something that would cause them to be incarcerated for reasons other than their own personal safety can be labeled a criminal.
I knew a Mexican illegal alien who was spent 3 months in jail in Laredo just for crossing illegally. He could have served more time but the judge sentenced him to time served.
Please note the last paragraph. Civil penalties imposed do not negate criminal penalties. I don’t know anywhere in the USA that you get 6 months in prison for a first offense speeding ticket and 2 years for a second offense:
>>Section 1325. Improper entry by alien
(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
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.<<