When do you need help from an immigration law firm? Is it normal for immigrants to face criminal charges every time they have incorrect documents? What can immigrants do to save themselves from simple mistakes?
There is a growing trend towards criminalizing undocumented immigration as a form of deterrence. Sometimes this takes forms such as enacting stricter laws, other times it takes the shape of more heinous acts such as separating children from their families.
Despite the name, undocumented immigration is not a crime but an administrative infraction. This article will discuss some of the reasons why illegal immigration should not be treated as a criminal offence and what that would mean for our state and federal governments.
The Dictionary Act defines “crime” as something punishable by imprisonment or forfeiture. Forfeiture means taking possession of goods or chattels wrongfully possessed. Using this broad definition, immigration is not a crime because someone illegally crossing the border is not trying to obtain something wrongfully.
We can also look at common law precedent since “crime” has been defined in these terms for hundreds of years.
- The leading case on the issue of whether immigration law amounts to criminal law was United States v. Bucci, where defendant Salvatore Bucci was convicted under 18 U.S.C § 1546(a) for falsely representing himself as an American citizen when he had previously been deported from the US in 1985 after being convicted of burglary and larceny.
- Judge Fernandez-Vina dissented with the majority opinion because she felt that Congress did not intend to classify violations of 8 U.S.C. §§ 1304(e) and 1306(a) as criminal.
She argued that the broad definition of crime in §1546(a) should be reserved for offences that are punishable by imprisonment or forfeiture, which she did not believe to be the case with immigration violations.
- Another key case is United States v. Lopez-Mendoza, where defendant Jesus Lopez-Mendoza was convicted for driving without a license after being previously deported from the U.S.
The 9th Circuit Court of Appeals found that his immigration status, even if it had been unlawful, could not subject him to punishment because there is no “specific congressional intent to punish aliens who commit” violations under Title 18. As Judge Wallace noted in the majority opinion, “aliens are subject to deportation, not criminal prosecution.”
Do you need an immigration lawyer? It helps to have contact with one if you are unsure of your legal status in the country. And it also helps to be knowledgeable of the law beforehand.
There are a few reasons why Congress has been reticent to criminalize immigration. First, as stated above, it is not a crime. Second, doing so would be incredibly costly and burdensome for the government.
It would require the creation of an entirely new body of law and the establishment of new detention facilities to house all of the potential offenders. Third, it would be difficult to enforce.
The government would need to expend considerable resources to track down undocumented immigrants and prosecute them. And finally, it would breed chaos and confusion in our legal system.
Why Immigration and Criminal Law Tend to Cross Paths
When you hire the help of immigration attorneys they can help educate you more about the current immigration laws that are in effect in the country.
Under current law, those who enter the country illegally can be deported without being arrested or going through the criminal justice system. This is because immigration-related violations are considered civil matters, which are not punishable by imprisonment or forfeiture.
The main reason that policymakers have turned toward criminal law to deal with immigration issues is that there is no way for the United States to physically remove all undocumented immigrants. But, this does not mean it should be done since it would cause considerable economic and social problems in addition to being unconstitutional.
If they were crimes, these offences could lead to jail time and fines, which would wreak havoc on federal prison populations and budgets. The U.S. has less than 5% of the world’s population, but about 25% of its prisoners. That’s more than 2 million people incarcerated in federal prisons alone.
It would also be difficult to prosecute these offences without creating a new body of law. The Immigration and Nationality Act (INA) is more than 1,000 pages long and contains a variety of criminal and civil offences. It would be practically impossible for prosecutors to track down every undocumented immigrant and bring them to trial.
Rather than criminalizing immigration, we should focus our resources on finding a practical solution to the problem. This could involve increasing funding for border security, developing a better system for tracking immigrants or creating a path to citizenship for those who are already in the country.
Whatever the solution may be, it should be thoughtful and deliberate, rather than rushed and misguided.
Ways That Immigration Lawyers Can Help Individuals
You can also contact an immigration attorney if you have any questions about this topic or need legal advice regarding your specific circumstances. Immigration lawyers will go over all of your options with you and help you come up with an appropriate plan of action.
An experienced immigration attorney will ensure that all applicable laws are considered when determining your best course of action and will represent you in negotiations with USCIS or in court proceedings if necessary.
Conclusively, criminalizing immigration is ineffective and unconstitutional since it would be difficult to prosecute these offences without creating a new body of law, causing considerable economic and social problems for the United States.
It is also best not to criminalize immigration because it does not solve practical issues involved in creating amnesty proposals for those who are already in the U.S., increasing funding for border security, developing a better system for tracking immigrants or creating a path to citizenship for those who are undocumented.
There are a number of reasons why immigration should not be criminalized. One of the most important is that it is simply not effective. Studies have shown that criminalizing immigration does not deter people from coming to the United States, and in fact, may actually lead to more people coming here illegally.
Another reason why immigration should not be criminalized is that it can lead to serious human rights abuses. When people are arrested and detained for immigration violations, they can often be held in overcrowded and inhumane conditions. They may also be subjected to abuse and mistreatment by guards or other inmates. People need new fake id to do various things, thus they can have the liberty to do those things and can avoid any lawsuits.
Finally, criminalizing immigration can have a negative impact on our economy. When immigrants are deported or imprisoned, it leaves businesses with fewer workers and can lead to decreased productivity. It also costs taxpayers millions of dollars each year to incarcerate and deport immigrants.
