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It’s a civil violation.

Posted on 1/30/25 at 6:45 am
Posted by Chazreinhold
Utah
Member since Oct 2020
7243 posts
Posted on 1/30/25 at 6:45 am
I'm starting to see this posted.

quote:

Being in the US undocumented is not a crime in & of itself.


quote:

Crossing the border illegally is a crime but that’s not all illegal immigrants. A large portion arrived in the US legally.


What is it with the people saying crossing the Border is just a Civil Violation?

My understanding , It is not a Civil Penalty to evade Border Officials and Enter the Country Illegally . That is a crime.
This post was edited on 1/30/25 at 6:46 am
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
6048 posts
Posted on 1/30/25 at 6:48 am to
Not sure if “undocumented” accurately describes the overstaying of a visa. You’re still documented as having legally entered, you’re just still here in violation of that agreement to leave by a certain date. If someone is “undocumented”, their presence within our borders is proof that they entered illegally.
Posted by The Maj
Member since Sep 2016
30543 posts
Posted on 1/30/25 at 6:49 am to
quote:

It’s a civil violation.


Not certain what part of "illegal" would be considered "civil" in nature...

There folks wordsmith everything they do in order to attempt to fit the narrative they desire...
Posted by funnystuff
Member since Nov 2012
8966 posts
Posted on 1/30/25 at 7:10 am to
It’s illegal to drive over the speed limit, but I would consider that violation civil in nature




Not that being in a foreign country without permission should be the same thing. But I believe that’s how the law is written with regards to people who overstayed a student visa, for example
Posted by The Maj
Member since Sep 2016
30543 posts
Posted on 1/30/25 at 7:14 am to
quote:

It’s illegal to drive over the speed limit


It's also illegal to drive while under the influence... Do you consider that to be criminal or civil in nature?

quote:

regards to people who overstayed a student visa


Not sure we are talking about these folks but those that crossed the border illegally and their action is most certainly criminal in nature...
Posted by deuceiswild
South La
Member since Nov 2007
4567 posts
Posted on 1/30/25 at 7:15 am to
I don't really care, Margaret. I don't want this person in my country.


That's the only acceptable response. No dialogue is necessary.
Posted by Deplorableinohio
Member since Dec 2018
7277 posts
Posted on 1/30/25 at 7:17 am to
Until someone actually publishes the law and/or applicable regulations, anything anyone writes about is speculation. Plain and simple. I can’t tell you how many times I’ve heard in meetings what has to be done, which didn’t sound right, when I would direct my lawyers to get the law and regulations to show me. Lo and behold, only to learn what I was being advised is not required by law or regulation.

So when I hear opinions about what constitutes a breaking of immigration laws, I either have to really trust the source, or would have to see it myself.

There is not one journalist I trust for the truth, in anything. As it relates to the border and immigration law, I completely trust Tom Homan. Undocumented? No. They are illegal aliens.
Posted by funnystuff
Member since Nov 2012
8966 posts
Posted on 1/30/25 at 7:20 am to
Driving under the influence is a crime. Driving 5 miles over the speed limit is a civil violation. Which is why there are two very different punishments for each.


That’s exactly who they are talking about. A large subset of the aliens in the country illegally came here legally but then overstayed their visa. That’s the subclass of aliens the left is talking about when they refer to civil violations.


I obviously don’t think that SHOULD be a civil violation, it should be a crime. But that does appear to be the way the law is currently written. In which case, it’s time for Congress to do their jobs and update the laws. Trump can’t do everything alone.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
12914 posts
Posted on 1/30/25 at 7:22 am to
quote:

It’s illegal to drive over the speed limit, but I would consider that violation civil in nature


And you would be wrong.
Posted by FinkyStinger
Georgia
Member since Jan 2009
2171 posts
Posted on 1/30/25 at 7:27 am to
So I should be able to sue them if it’s a civil matter.
Posted by funnystuff
Member since Nov 2012
8966 posts
Posted on 1/30/25 at 7:29 am to
It appears that I both am and am not.


Speeding can be classified as either a civil traffic violation or a criminal traffic violation. It appears to depend on how fast you are going and if any other dangerous behavior is observed alongside the speeding (quick research conclusion, y’all correct me if I’m wrong).


So the point remains. There are laws on the books in which violation is legally considered a civil infraction as opposed to a crime. We can argue that that’s not the way our country should be organized if we wish… but that’s what our country currently is.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28177 posts
Posted on 1/30/25 at 7:30 am to
quote:

large subset of the aliens in the country illegally came here legally but then overstayed their visa



Are they the ones being rounded up?
Posted by funnystuff
Member since Nov 2012
8966 posts
Posted on 1/30/25 at 7:32 am to
I don’t know
Posted by dafif
Member since Jan 2019
7939 posts
Posted on 1/30/25 at 7:32 am to
Purely hypothetical but I'm curious as to the legal status of an auto accident plaintiff that came here 30 years ago and filed for asylum and has not yet had the hearing!

WTF?
Posted by idlewatcher
Planet Arium
Member since Jan 2012
92856 posts
Posted on 1/30/25 at 7:32 am to
quote:

Being in the US undocumented is not a crime in & of itself.


lol imagine going through life being this dumb
Posted by cornerstore
Member since Jul 2024
1768 posts
Posted on 1/30/25 at 7:35 am to
This is total BS. It is not lawful to be inside this country's borders without proper authorization. Same with basically every other country on the planet. With very good reason.
Posted by FoTownBam
Foley Al
Member since Oct 2023
4069 posts
Posted on 1/30/25 at 7:39 am to
quote:

What is it with the people saying crossing the Border is just a Civil Violation?

I’d tell these people to try it in say….Mexico and see what happens. Better yet, Afghanistan
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14434 posts
Posted on 1/30/25 at 7:40 am to
Hopping a fence to enter a property is criminal trespass.

Going on a tour of a company then not leaving when the tour is over to avoid leaving the property is criminal trespass

Regardless of what they charge you with, when they apprehend you, they remove you from the property.
Posted by BuckeyeGoon
Member since Jan 2025
958 posts
Posted on 1/30/25 at 7:48 am to
I'm not an attorney but I've always understood criminal actions to be violations against US laws/regulations and civil actions to be more like a citizen taking legal action against another citizen. Like criminal would be "citizen vs the government" and civil would be "citizen vs citizen". Is this not the case?
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
12914 posts
Posted on 1/30/25 at 7:55 am to
quote:

I’d tell these people to try it in say….Mexico and see what happens. Better yet, Afghanistan


Or better yet, just take a look at what Singapore does to people who sneak into the country or who overstay their visas.
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