Rudy: Illegal immigration not a crime By LIBBY QUAID, Associated Press Writer WASHINGTON - Republican presidential hopeful Rudy Giuliani said illegal immigration is not a crime, prompting rival Mitt Romney to accuse him of not taking the problem seriously... "It's not a crime," Giuliani said Friday. "I know that's very hard for people to understand, but it's not a federal crime." http://news.yahoo.com/s/ap/20070907/ap_on_el_pr/giuliani_immigration
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.
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.
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