Come One, Come All - Illegal Immigation not a Crime

Section 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.
 
Quote from TL Trader:

Section 1325. Improper entry by alien

......

Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be imposed.
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Interesting. I　had always thought that illegal entry was a criminal offense. Turns out it is not (by itself). Thanks for the info. Rudy is right.
 
I'm not a lawyer but the way I read that it IS a criminal offense. Maybe someone versed in legaleese can set us straight.
 
Quote from LT701:

well, from now on, no more parking meters for me, because I declare 'Illegal Parking is not a crime'
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Sure. And you'll be liable for "civil penalties," just as illegal immigrants do.
 
According to Wiki, a "Federal Crime" is defined as:

"...a crime that is either made illegal by U.S. FEDERAL LEGISLATION or a crime that occurs on U.S. federal property."
http://en.wikipedia.org/wiki/Federal_crime


Section 1325 penalizing illegal immigration falls under the United States Code.

According to wiki, "United States Code" is defined as:

".... a compilation and codification of the general and permanent FEDERAL LAW of the United States."
http://en.wikipedia.org/wiki/Federal_crime
 
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