Most immigrants without proper documentation arrived legally and therefore haven’t committed a crime, they overstayed or fell out of status, which is civil.
But people who enter or reenter the United States without permission CAN face criminal charges, specifically under 8 USC section 1325 (improper entry, a misdemeanour) and section 1326 (reentry after deportation, a felony).
but, it isn’t, it’s a civil violation. not a criminal one. so no beer for me 😔
It’s more complicated than that.
Most immigrants without proper documentation arrived legally and therefore haven’t committed a crime, they overstayed or fell out of status, which is civil.
But people who enter or reenter the United States without permission CAN face criminal charges, specifically under 8 USC section 1325 (improper entry, a misdemeanour) and section 1326 (reentry after deportation, a felony).