Quote:
Originally Posted by Tador1981
There is a difference between a civil penalty and a civil law read section b of the code carefully, and you will see that the penalty is a civil penalty the act is still a criminal act. This is merely legal tolerance, not a definition of civil law.
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That's how I read title 8 also. I've heard many say that illegal aliens have ONLY violated civil laws. Not being a lawyer, I'm really not sure about this. It would seem (IMO) that illegal aliens are in violation (present tense, as opposed to a one time past tense event) of Federal Law (or Regulations) that carry criminal and/or civil penalties that maybe imposed.
Lets read the US Code of Federal Regulations, Title 8, Chapter 12, Sub-chapter 2, part 8, section 1325 to see exactly what it says:
§ 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.
(c)
Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d)
Immigration-related entrepreneurship fraud Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
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Well, here is what I've learned from reading it:
1. Those that improperly enter the country are defined as
aliens, not immigrants. So the term "immigrant" should not be used to define someone that has crossed the border illegally. They are ALIENS. The word ALIEN is offensive to many, right? But words have meanings and I see no reason to call an alien an immigrant. Why do some refer to aliens as "undocumented immigrants"? Isn't that lying? Would the term "undocumented alien" or "Improper Entry Alien" be more appropriate? Does "improper" mean illegal? Is this where the term "Illegal Alien" comes from? It would seem that the term "Illegal Alien" best defines what the Regulations are trying to describe and prohibit.
2. Aliens may be fined or imprisoned, or both, for being in violation of the Federal Regulations. That seems pretty straight forward to me...
3. The Regulations are referred to as being Federal, not Civil. At least that's where these regulations are found, under Federal Regulations. I don't see where the Federal Regulations are defined as being Civil Laws. Are Federal Regulations ever called Civil laws within the Regulations? If so, where can I find it? If not, why do some say that illegal aliens are ONLY in violation of civil law?
4. Imposed penalties may be civil or criminal. Some civil penalties are said to be
"in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed." This leads me to believe that civil penalties, as well as criminal penalties, may be imposed for violating the Federal Regulations. However, the Regulations are still Federal, not civil or criminal laws, right? And these Federal Regulations can carry BOTH civil and criminal penalties.
Does this make any sense?