Alien Immigration: Breaking Us Laws?

The issue of illegal immigration is a highly contested topic in the United States, with hundreds of thousands of people deliberately violating US law by unlawfully crossing US borders each year. The consequences of illegal immigration are far-reaching, with impacts on public funds, community resources, and national security. The US government has increasingly turned to criminal courts to address immigration violations, with tens of thousands of migrants and asylum seekers subjected to criminal prosecution each year.

Title 8 of the US Code identifies federal criminal offenses related to immigration, including Illegal Entry and Illegal Re-Entry, which carry penalties ranging from fines to imprisonment. The prosecution of these offenses has significant human and financial costs, with concerns raised about due process, family separation, and the effectiveness of deterrence.

The debate around illegal immigration in the US centers on balancing border security, the rule of law, and national interests with humanitarian considerations and the rights of migrants and asylum seekers.

'Illegal Entry' is a crime for those who enter without inspection at a port of entry

Illegal entry is a crime for those who enter the United States without proper inspection at a port of entry. Title 8 of the U.S. Code identifies federal criminal offences pertaining to immigration and nationality, including "Illegal Entry" (8 U.S.C. § 1325), which makes it a crime to unlawfully enter the United States. This applies to people who do not enter with proper inspection at a designated port of entry. This includes those who enter between ports of entry, avoid examination or inspection, or make false statements while entering or attempting to enter.

Under 8 U.S.C. § 1325, any alien who:

• Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
• Eludes examination or inspection by immigration officers; or
• Attempts to enter or obtains entry to the United States by willfully false or misleading representation or the willful concealment of a material fact;

Shall, for the first commission of any such offence, be fined, imprisoned for not more than 6 months, or both. For subsequent offences, the penalty is a fine, imprisonment for not more than 2 years, or both.

The consequences of illegal immigration are far-reaching and impact public funds, education, healthcare, housing, and natural resources. It also compromises national security. The prosecution of individuals and families seeking asylum or fleeing persecution or torture can result in family separation and placement of children in shelters or foster homes.

In recent years, the federal government has increasingly utilised criminal courts to punish people for immigration violations, particularly on the southwest border. This has resulted in tens of thousands of migrants and asylum seekers being subjected to criminal prosecution for "illegal entry" and "illegal re-entry" each year. These prosecutions carry heavy costs for both migrants and the government and have been criticised for their lack of demonstrated deterrent effect on future migration.

'Illegal Re-Entry' is a crime for those who re-enter after deportation

Illegal re-entry into the United States is a serious criminal offence. Under US immigration law, "improper entry" is a broad term that covers more than just crossing the border at an unguarded point. It includes:

• Entering or attempting to enter the US at any time or place other than one designated by US immigration officers.
• Evading examination or inspection by US immigration officers.
• Attempting to enter or obtaining entry to the US by a willfully false or misleading representation or the willful concealment of a material fact.

The penalties for improper entry increase in severity if a person has previously been deported or removed from the US. "Illegal Re-Entry" (8 U.S.C. § 1326) makes it a crime to unlawfully re-enter, attempt to unlawfully re-enter, or be found in the US after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person has prior convictions for certain crimes. For example, if the person has been removed following a conviction for a single felony (other than an aggravated felony) or three misdemeanours involving drugs or crimes against a person, the maximum sentence increases to 10 years. If the person has been deported after a conviction for an aggravated felony, the maximum sentence increases to 20 years.

In addition to these criminal penalties, there are also civil penalties for unlawful entry. Each unlawful entry or attempted entry is subject to a civil penalty of at least $50 and not more than $250. If the person has been previously fined for the same violation, the civil penalty is doubled.

The US government has increasingly utilised criminal courts to punish people for immigration violations. Tens of thousands of migrants and asylum seekers are subjected to criminal prosecution for these crimes every year. Prosecutions reached an all-time high of 106,312 in Fiscal Year (FY) 2019. However, critics argue that this approach imposes heavy costs on both migrants and the federal government, and that it has no demonstrated deterrent effect on future migration.

Aliens can be detained and deported by federal immigration authorities

Unauthorized aliens in the United States are subject to detention and deportation by federal immigration authorities. The U.S. Immigration and Customs Enforcement (ICE) is responsible for carrying out removal orders issued by immigration courts.

The detention and deportation process can vary depending on the circumstances of each case. In some instances, a noncitizen may be detained in a detention center before their trial or deportation. They may also have the opportunity to appear before a judge in immigration court during the deportation process. However, in certain cases, a noncitizen may be subject to expedited removal without the chance to attend a hearing. Expedited removal may occur when a noncitizen enters the U.S. without proper travel documents, uses forged travel documents, or fails to comply with visa requirements.

It is important to note that individuals have rights during the detention and deportation process. They have the right to remain silent, refuse consent to searches, and consult with a lawyer. While the government is not required to provide a lawyer for individuals facing deportation, they can request a list of free or low-cost alternatives. Additionally, individuals have the right to contact their consulate, and those who fear persecution or torture in their home country should immediately inform the authorities and seek legal assistance.

The consequences of unauthorized immigration can be severe, with potential penalties including fines, imprisonment, and removal from the country. Unauthorized aliens who knowingly enter the U.S. at an improper time or place, avoid examination by immigration officers, or provide false information may face criminal charges, fines, or both.

Aliens can be denied entry without a search or arrest warrant

Aliens can be denied entry to the US without a search or arrest warrant if they are unable to produce the necessary documentation at the border. US Customs and Border Protection (CBP) officers are authorized to stop people at the border to determine their admissibility to the US and may search belongings for contraband. This is true even if there is nothing suspicious about the person or their luggage. CBP officers may also ask about immigration status to determine whether someone has the right to enter the country.

Non-citizen visa holders may be denied entry if they refuse to answer officers' questions. Lawful Permanent Residents (LPRs) who have maintained their status only have to answer questions establishing their identity and permanent residency, and refusal to answer other questions will likely cause delays but will not result in denial of entry. US citizens need only answer questions establishing their identity and citizenship, and they cannot be denied entry for refusing to answer other questions, although this may result in delays and/or further inspection.

In addition, non-citizen visa holders and tourists from visa waiver countries may be denied entry if they refuse to provide passwords or unlock electronic devices such as laptops and mobile phones for inspection. US citizens cannot be denied entry for refusing to provide passwords, but this may result in delays and further inspection.

At international borders and airports, federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting routine searches, such as searching luggage or vehicles. However, a strip search at the border must be supported by "reasonable suspicion" and must be done in a private area.

In some cases, state and local law enforcement officers are authorized to arrest individuals for violations of federal immigration law. The Fifth Circuit Court of Appeals has held that certain local officials can issue arrest processes to be executed by law enforcement officers. Rule 4(a)(1) of the Federal Rules of Criminal Procedure states that an arrest warrant can be "executed by a marshal or by some other officer authorized by law," which includes state and local officers.

Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 added a provision authorizing state and local law enforcement officials to arrest and detain an individual who is an alien illegally present in the US and has previously been convicted of a felony, deported, and left the US, after obtaining confirmation of their status from the Immigration and Naturalization Service.

However, the validity of an arrest without a warrant for a violation of federal law by local peace officers is determined by reference to local law. The United States Court of Appeals for the Ninth Circuit held that the Immigration and Nationality Act does not preclude local enforcement of its criminal provisions. However, this decision warned that the first violation of illegal entry is a misdemeanor, and if applicable state law only authorizes law enforcement officers to arrest for misdemeanors committed in their presence, they would not be authorized to arrest aliens for illegal entry unless they saw them cross the border or had knowledge of a previous conviction for illegal entry.

Aliens can be detained at the border without a lawyer provided by the government

In the United States, aliens who enter the country unlawfully are in violation of US law. Each year, hundreds of thousands of aliens deliberately violate US law by unlawfully crossing US borders.

Under US law, an alien may be arrested and detained pending a decision on whether they are to be removed from the country. The Attorney General may revoke bond or parole and rearrest the alien under the original warrant. The Attorney General must take into custody any alien who is inadmissible due to committing a covered offense, or who is deportable under certain sections of the law.

While aliens do have certain rights under the US Constitution, they are not provided with a government lawyer. If detained by ICE, aliens have the right to consult a lawyer, but the government is not required to provide one. They can ask for a list of free or low-cost alternatives.

In some cases, a Border Patrol agent may detain an alien if there is "reasonable suspicion" that they are committing or have committed a violation of immigration law or federal law. An immigration officer cannot arrest an alien without "probable cause." This means the agent must have facts about the individual that make it probable that they are committing or have committed a violation of immigration law or federal law.

At border crossings, federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting routine searches, such as searching luggage or a vehicle. Generally, if an immigration agent asks for immigration papers, individuals must show them if they have them. If an individual is over the age of 18, the law requires that they carry those documents with them.

It is important to note that the term "illegal alien" is often considered dehumanizing and offensive. While the term is legally defined, its use in casual or political discourse is controversial.

Frequently asked questions