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The distinction between immigration civil violations and criminal offenses, and the implications for noncitizens.
Illegally entering the United States is treated as both a civil and a criminal matter under U.S. law: unauthorized presence and overstaying are principally civil immigration violations that can trigge...
Being present in the without lawful immigration status is, in most cases, a civil violation subject to —not a standalone criminal offense—and U.S. law and courts distinguish “unlawful presence” from c...
without inspection can be a federal criminal offense in specific circumstances: improper entry between ports of entry is criminalized under 8 U.S.C. §1325 and can carry misdemeanor penalties for a fir...
Being present in the United States without lawful immigration status is, in most cases, a civil violation—not a crime—and therefore does not by itself subject a person to criminal prosecution . That s...
The Obama-era totals reported as the highest in recent U.S. history do include large numbers of “returns” and voluntary departures that are counted alongside formal removals in DHS statistics, which i...
inside are protected by the ’s privilege against self‑incrimination and, in criminal custodial interrogations, by the Miranda framework that safeguards that privilege; the Constitution speaks of “pers...
under 8 U.S.C. §1325 is a misdemeanor punishable by up to six months in jail (and fines) for a first offense, while illegal reentry under 8 U.S.C. §1326 is a felony with statutory maximums that range ...