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When an illegal alien is caught, what is he charged with? What are the penalties?
I mean, is he charged with - oh lets say, CRIMINAL TRESPASS - jailed? Fined? Or is he merely deported?
When an illegal alien is caught, what is he charged with? What are the penalties?
I mean, is he charged with - oh lets say, CRIMINAL TRESPASS - jailed? Fined? Or is he merely deported?
I can't seem to find the legal answers anywhere!
If MALDEF, Lulac and the ACLU show up, then he probably isn't charged with anything.
Also if he has been working using a fake social security number he could be charged with fraud or ID thief. If he hasn't been paying taxes by either not declaring income, or lying about how many dependents he has, he could be charged with income tax evasion.
But in reality nothing happens if they volunteer to self-deport. Like Elvira, the illegal alien that was holed up in that church for so long. She was already on federal probation for ID theft or something when they finally caught her. They could have arrested her for a probation violation and she would have had to serve her three years in prison, but they simply took her to the border and let her go instead.
Also as an ex-corrections officer I saw many illegals who were arrested for actual crimes, some of them violent, who never were convicted either. Usually what happens is an illegal alien criminal will sit in the county jail until it becomes obvious he will be convicted and see actual prison time. He then calls his court appointed attorney up and volunteers to self-deport in lieu of prosecution. ICE then picks the guy up and takes him to the border where he is released and charges are dismissed. A week later he's back in the US up to his criminal ways.
In short, illegals can get any number of free shots at the system. When American citizens get caught doing what these illegals do they would go to prison.
The visa overstay is treated as a civil offense.
Penalties for illegal immigrants:
Unlawful entry: A criminal misdemeanor subject to six months in prison. Up to two years in prison for subsequent offenses.
Unlawful re-entry after deportation: A felony, up to 10 years in prison.
Overstaying visas: A civil violation. Ineligible to return to the United States for at least three years for overstays of more than six months. Barred from returning for at least 10 years for overstays of more than a year.
Last edited by CaseyB; 12-04-2007 at 03:58 PM..
Reason: edit
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