illegal immigration is a crime?

No, it's not. You're not going to jail for a civil offense and it's not dealt with by law enforcement.
yeah, that only applies if your civil case is disputed between two individual citizens.

But for civil offenses involved immigration, then your case is disputed between individual citizen (not US citizen obviously) and the US government. The government representative in this case is ICE or CBP officer/agent who is law enforcement.
 
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Well how about this, deportation of all illegals but immigration reform to make the hiring of foreign workers and increasing the immigration quota.
Is this for increasing immigration from third world?

What skills would they have where it makes sense to give them a path to citizenship? Even HB-1 visas aren't really designed around gaining citizenship.
 
Is this for increasing immigration from third world?

What skills would they have where it makes sense to give them a path to citizenship? Even HB-1 visas aren't really designed around gaining citizenship.

Well that would be up to the employers isnt?

The point im making is that you wouldnt mind if there would be more immigrants than there are now if it means it gets limited to legal ones right?
 
Well that would be up to the employers isnt?

Undercutting wages is a skill if you think about it. :cool:

There was a good case for nurses and the medical profession in another thread for legit staff shortages. Nearly everything else doesn't pass the smell test and is really about corps saving money.
 
And nobody says it isnt illegal.

The issue is that when they are trying to open a path for these people to follow the law, there is a lot of autistic screeching from the right.
Question, what happens if I illegally emigrate to Mexico?
 
You can call illegal immigrants 'unicorns' for all I care...As long as the end result is deportation.
 
Undercutting wages is a skill if you think about it. :cool:

There was a good case for nurses and the medical profession in another thread for legit staff shortages. Nearly everything else doesn't pass the smell test and is really about corps saving money.

Legal immigrants would need to be paid at least minimum wage.
 
yeah, that only applies if your civil case is disputed between two individual citizens.

But for civil offenses involved immigration, then your case is disputed between individual citizen and the government. The government representative in this case is ICE or CBP officer/agent who is law enforcement.

ICE detains people suspected of committing the crime of illegal entry. After someone has been convicted of illegal entry or found to be here unlawfully then ICE deports them. Another area where ICE steps is this - guy enters lawfully but overstays his visa. He is sent notice to go before a judge and explain himself. Because he's an asshat, he never shows (probably because he's been lying about where he's staying in the 1st place). He's now skipped a federal proceeding and needs to be brought in for that hearing. This is where ICE steps in because the "failure to appear" is a criminal offense in and of itself. ICE gets the person, they get convicted of the failure to appear, they lose the court case on why they overstayed their visa and then ICE makes sure they are properly deported.

Most of the civil stuff is handed by USCIS, not ICE, and the initial prosecuting arm is the Executive Office of Immigration Review, I believe, and they're part of the DOJ.
 
Bob Loblaw's Law Blog doesn't generally clear things up once and for all.
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ICE detains people suspected of committing the crime of illegal entry. After someone has been convicted of illegal entry or found to be here unlawfully then ICE deports them. Another area where ICE steps is this - guy enters lawfully but overstays his visa. He is sent notice to go before a judge and explain himself. Because he's an asshat, he never shows (probably because he's been lying about where he's staying in the 1st place). He's now skipped a federal proceeding and needs to be brought in for that hearing. This is where ICE steps in because the "failure to appear" is a criminal offense in and of itself. ICE gets the person, they get convicted of the failure to appear, they lose the court case on why they overstayed their visa and then ICE makes sure they are properly deported.

Most of the civil stuff is handed by USCIS, not ICE, and the initial prosecuting arm is the Executive Office of Immigration Review, I believe, and they're part of the DOJ.
If you overstay your visa (unlawful presence which is a civil offense) and you receive an NTA, but you fail to show up to your court date, then you are now subject for removal by ICE. It's still a civil offense under immigration law because you are not subject for imprisonment or a fine like in the case of improper entry.
 
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Saying violation of immigration law is samantics- the definition of violate is to break or fail to comply with.

Thar literally means they are breaking the law. Just as you don't go to jal for disturbing the peace, everyone acknowledges that you broke the law.

I agree. The OP specifically asked about why some consider immigration violations a civil infraction while others consider is a criminal infraction. Th difference is that it depends on what specifically we are talking about. This is case of both sides are being intentionally obtuse.
 
If you overstay your visa (unlawful presence) and you receive an NTA, but you fail to show up to your court date, then you are now subject for removal by ICE. It's still a civil offense under immigration law because you are not subject for imprisonment or a fine like in the case of improper entry.

As I understand it, disregarding the NTA is itself a criminal offense but I'll double check. It's (failing to appear) definitely a minor criminal offense in other federal civil proceedings.
 
As I understand it, disregarding the NTA is itself a criminal offense but I'll double check. It's (failing to appear) definitely a minor criminal offense in other federal civil proceedings.
If someone sues you civilly for a 1 million dollars, but you don't show up to your civil court date, then guess what? you forfeited your case and now you have to pay the other person 1 million dollars.

It's the same concept. Remember, visa overstay is a civil offense.
 
No, it's not. You're not going to jail for a civil offense and it's not dealt with by law enforcement.
Actually this is incorrect. Many people DO end up in jail specifically for civil offenses.

An example?

A speeding ticket. Technically a civil offense, but try missing your court hearing and not show up.

Know what happens?

in Atlanta Georgia at least they send out a WARRANT for your arrest.

I would assume that a supposed lawyer should know this.
 
Actually this is incorrect. Many people DO end up in jail specifically for civil offenses.

An example?

A speeding ticket. Technically a civil offense, but try missing your court hearing and not show up.

Know what happens?

in Atlanta Georgia at least they send out a WARRANT for your arrest.

I would assume that a supposed lawyer should know this.

They end up in jail for contempt, not for the speeding ticket.
 
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