05-05-2011, 07:04 PM
Grace62 wrote:
"... The illegal entry of non-nationals into the United States is a misdemeanor according to the Immigration and Nationality Act, which prohibits non-nationals from entering or attempting to enter the United States at any time or place which has not been designated by an immigration officer, and also prohibits non-nationals from eluding inspection by immigration officers."
That's from wikipedia...is that incorrect?
That is correct. But this is where we get into what is known, what the evidence is, etc. People can't be found guilty of crimes, no matter what they are, as a matter of inference. It is possible to be out of status without having entered the U.S. illegally (expired student or travel visa, for example), and it's also possible for border authorities to admit people in error.
No matter the case, the operating reality is that ICE does not attempt to prosecute unauthorized immigrants living in the U.S. for misdemeanor illegal entry, even if they are found guilty of violating civil law and ordered deported. Most deported aliens are sent home without any criminal conviction whatsoever.