Huey Driver wrote:
You are ignoring one important thing. If they sneak across the border into the US it's illegal. Get that through your head. It doesn't matter why they are crossing.
Actually, you misunderstand yet again. It certainly Does matter why they are crossing if they are seeking asylum!
And yes, it is illegal to cross the border; the civil penalties include fines of $50-$250, approximately what you would pay for a ticket for jaywalking, which you probably do each and every day of your life.
Read on:
What Is Illegal Entry?
U.S. immigration law actually uses the term "improper entry," which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point. Improper entry can include:
entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend’s car), or
attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).
Penalties for Improper Entry
For the first improper entry offense, the person can be fined (as a criminal or civil penalty), or imprisoned for up to six months, or both.
This is considered a misdemeanor under federal law (18 U.S.C.A. § 3559).For a subsequent offense, or a reentry (or attempted reentry) after exclusion or deportation, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, 1326, I.N.A. Section 275, 276.) This is considered a low-level felony under federal law (18 U.S.C.A. § 3559).
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Civil Penalties
Entry (or attempted entry) at a place other than one designated by immigration officers can carry civil penalties instead of or on top of criminal penalties.
The amount is at least $50 and not more than $250 for each such entry (or attempted entry); or twice that amount if the illegal entrant has been previously fined a civil penalty for the same violation. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)http://www.alllaw.com/articles/nolo/us-immigration/crime-enter-illegally.htmlAsylum has three basic requirements. First, an asylum applicant must establish that he or she fears persecution in their home country.[3] Second, the applicant must prove that he or she would be persecuted on account of one of five protected grounds: race, religion, nationality, political opinion, or particular social group. Third, an applicant must establish that the government is either involved in the persecution, or unable to control the conduct of private actors.
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The United States is obliged to recognize valid claims for asylum under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. As defined by these agreements, a refugee is a person who is outside his or her country of nationality (or place of habitual residence if stateless) who, owing to a fear of persecution on account of a protected ground, is unable or unwilling to avail himself of the protection of the state. Protected grounds include race, nationality, religion, political opinion and membership of a particular social group. The signatories to these agreements are further obliged not to return or "refoul" refugees to the place where they would face persecution.
This commitment was codified and expanded with the passing of the Refugee Act of 1980 by the United States Congress. Besides reiterating the definitions of the 1951 Convention and its Protocol, the Refugee Act provided for the establishment of an Office of Refugee Resettlement (ORR) within the U.S. Department of Health and Human Services (HHS) to help refugees begin their lives in the U.S. The structure and procedures evolved and by 2004, federal handling of refugee affairs was led by the Bureau of Population, Refugees and Migration (PRM) of the U.S. Department of State, working with the ORR at HHS. Asylum claims are mainly the responsibility of the Bureau of Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS).
In the wake of the child separation policy at the border, the government’s bizarre legal approach to migration has been thrown into the spotlight. Crossing an invisible line is a crime considered so heinous that ripping children away from their parents, and losing them indefinitely, is apparently justified. Except that this prosecution can be, according to documents reviewed by USA Today “seldom more than a symbolic undertaking,” with immigrants being “sentenced to whatever time they have already spent in the government’s custody and a $10 court fee” before they’re sent for deportation.
Yet while crossing the border without permission is a crime, unlawful presence in the United States isn’t. If you enter legally and overstay your visa, you’re not a criminal; if you sneak across the border, you are. Prosecuting those crimes requires a lot of resources: Half of the total arrests made by the federal government in 2014 were for immigration-related offenses. But more immigrants are now overstaying visas than entering the country unlawfully, according to the Center for Migration Studies. In 2014, 66 percent of those who entered illegally or became undocumented did so by overstaying visas, a commitment of a civil violation rather than a crime.
(Snip)
And that number is growing: Overstays have exceeded the number of illegal border crossings since 2007. In 2017, DHS reported that the number one nationality for visa overstays, among those who entered by air or sea, was Canada, with Brazil, the UK, and China also represented.
Why the difference? Why does U.S. law consider it so much worse to sneak across the border than to overstay a visa—surely, tricking the U.S. government into trusting you with the privileges of a visa and then abdicating your responsibility to leave is at least as grave a transgression as entering without permission? This difference goes back to 1929, and you’ll be shocked, I’m sure, to learn it’s rooted in racism.
The history of immigration in America is a history of racial control—of shifting categories of inadmissible, undesirable, unwanted peoples. As our government continues to enact a program of terror and misery on individuals, children, and families who come to the U.S. seeking a better life, it’s worth remembering the roots of this situation are in a racist program to exclude Mexicans, not in some high-minded respect for enforcing the law. After all, laws can be changed, and immigration law changed plenty of times in the 20th century. Maybe this one hasn’t because it’s right in line with America’s most racist impulses.
https://splinternews.com/how-crossing-the-border-became-a-crime-1827160001