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Old 10-06-2013, 08:57 AM
 
6,940 posts, read 9,677,172 times
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Quote:
Originally Posted by Packard fan View Post
Being in the US illegally is a misdemeanor which IS a crime. Getting caught and deported a 2nd time is a felony. Speeding and so on are just "infractions" which WON'T stay on your record your whole life. Misdemeanors and felonies WILL.

Merely being in the US undocumented is a civil offense. Crossing the border is a misdemeanor. A US citizen could fall under the same infraction.
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Old 10-06-2013, 09:00 AM
 
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Quote:
Originally Posted by Packard fan View Post
Being in the US illegally is a misdemeanor which IS a crime.
No it's not.
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Old 10-06-2013, 09:02 AM
 
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Quote:
Originally Posted by knowledgeiskey View Post
Merely being in the US undocumented is a civil offense. Crossing the border is a misdemeanor. A US citizen could fall under the same infraction.
It is still a violation of our federal immigration laws so let's not play the offense down or use PC terms like "undocumented". If one is deported and comes back it is a felony and many of them do that. What has this to do with our own citizens?
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Old 10-06-2013, 09:03 AM
 
1,735 posts, read 1,769,577 times
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He's may face a lawsuit by the justice dept. He might not also practice in immigration law among other specialized areas in law.
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Old 10-06-2013, 09:07 AM
 
408 posts, read 393,405 times
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Quote:
Originally Posted by Oldglory View Post
It is still a violation of our federal immigration laws so let's not play the offense down or use PC terms like "undocumented".
"Undocumented alien" has been the term in use by the government since at least the 1960s. Nothing PC about it.


Quote:
Originally Posted by Oldglory View Post
If one is deported and comes back it is a felony
No, it's not. Give ICE a call; they'll tell you that.
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Old 10-06-2013, 09:31 AM
 
20,524 posts, read 15,899,172 times
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Quote:
Originally Posted by Tuna Meowt View Post
No, it's not.




No, it's not. Reentering without documentation after being deported is a civil offense, not a criminal one. In any event, being here without documentation isn't a criminal offense, regardless of how you entered the US.




Give ICE a call and ask for the Enforcement Division. They'll bring you up to speed.
(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.

8 USC § 1325 - Improper entry by alien | Title 8 - Aliens and Nationality | U.S. Code | LII / Legal Information Institute

1 year or less in jail is a misdemeanor, more than 1 year is a felony.
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Old 10-06-2013, 09:49 AM
 
14,917 posts, read 13,098,101 times
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Quote:
Originally Posted by Packard fan View Post
(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.

8 USC § 1325 - Improper entry by alien | Title 8 - Aliens and Nationality | U.S. Code | LII / Legal Information Institute

1 year or less in jail is a misdemeanor, more than 1 year is a felony.
Great - but off topic. The law you're quoting is not for "Being in the US illegally."
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Old 10-06-2013, 10:09 AM
 
62,930 posts, read 29,119,973 times
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Quote:
Originally Posted by Tuna Meowt View Post
"Undocumented alien" has been the term in use by the government since at least the 1960s. Nothing PC about it.




No, it's not. Give ICE a call; they'll tell you that.
No, it isn't. The immigration law term for those in our country illegally is illegal alien and yes "undocumented" is a recent PC term coined by the pro-illegals and those in our government that don't want to offend their's or their supporter's widdow feeings.

You're wrong again. Being deported and coming back again and being caught makes them a felon. I don't have to call ICE here is the proof.

Illegally Reentering the U.S. after Removal is a Felony

Under federal law (8 U.S.C. § 1325), anyone who enters the Unites States illegally is committing a misdemeanor offense and can be sentenced to a fine or six months in prison. The federal law accompanying § 1325 is 8 U.S.C. § 1326 which makes the offense of reentering, or attempting to reenter the United States after being removed or deported a felony offense. You will likely be permanently barred from the United States if you illegally reenter after a prior removal unless you can show credible fear about returning and make application for asylum.

http://www.usimmigrationlawyers.com/...try-waiver.htm
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Old 10-06-2013, 10:19 AM
 
14,917 posts, read 13,098,101 times
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Quote:
Originally Posted by Oldglory View Post
No, it isn't. The immigration law term for those in our country illegally is illegal alien and yes "undocumented" is a recent PC term coined by the pro-illegals and those in our government that don't want to offend their's or their supporter's widdow feeings.
Actually, the legal term used in the law starting at least as far back as 1952 is "unauthorized alien."
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Old 10-06-2013, 11:33 AM
 
62,930 posts, read 29,119,973 times
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Quote:
Originally Posted by hammertime33 View Post
Actually, the legal term used in the law starting at least as far back as 1952 is "unauthorized alien."
Please provide a link to your claims.

Here is just one site that claims that the rightful/lawful term for those in our country illegally is "illegal aliens".

Illegal alien terminology - the 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution
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