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Their "mere physical presence" after their visa has expired is the crime. There is nothing unique about the US in that regard. Most countries have a limit on h

Their "mere physical presence" after their visa has expired is the crime. There is nothing unique about the US in that regard. Most countries have a limit on how long you can visit.

arcticbull 7y ago
No, it's not a criminal matter, it's a civil matter. It's illegal in the same way as parking somewhere you're not supposed to. Not everything that's illegal is a crime. "It is generally accurate that the simple act of being in the United States illegally is not, by itself, a crime. Rather, it’s a civil violation that puts the individual at risk for deportation, but not for criminal prosecution." [1] This isn't always a good thing, of course, as there's less due process involved in handling such situations. Unlawful entry is a misdemeanor, lying to a border guard is a crime, and unlawful re-entry after deportation can be, also. [1] https://www.politifact.com/florida/statements/2017/mar/15/florida-conference-catholic-bishops/being-united-states-unlawfully-crime/ https://www.politifact.com/florida/statements/2017/mar/15/fl...
- caseysoftware 7y ago
  Ok, point withdrawn. Overstaying a visa is not a criminal offense. That's a new one for me. Thanks. I think your "who is hurt" approach is weak though. If a country can't enforce its own laws - or worse selectively enforces them - no one is obviously "hurt" but it erodes trust in the systems and process itself. It leaves everything up to the judgement of the people on the ground and damages the concept of equality under the law. It's a dangerous game to play.
  - arcticbull 7y ago
    Yeah, I agree with you about law enforcement, particularly selective law enforcement. It is indeed a dangerous game to play, and while definitely a left-leaning individual I just can't get behind the whole "abolish ICE" thing. I do think that immigration laws in the US are absurdly strict and I have a hard time buying the "America's Full" argument. That said, while laws exist on the books they should be enforced. I was suggesting one has a clear victim and the other doesn't so it may not be directly comparable. The "who's hurt" question was something I'm curious the consensus answer to rather than an excuse for not enforcing the law.
    - AsyncAwait 7y ago
      > I just can't get behind the whole "abolish ICE" thing. Not saying one way or another, but the argument is that ICE was only formed 16 years ago and that the U.S. was not 'overrun' before then. The Border Patrol etc. would still remain, just the Stasi-like tactics of removing people from their homes in the middle of the night and holding people in cages would disappear. At least that's how I've heard the argument.
      - caseysoftware 7y ago
        ICE was the merger of numerous things, including the INS which pre-dates WW2 making it older than the Air Force, Department of Ed, and dozens of other government agencies. Saying "only formed 16 years ago" is only right among the "well, actually" crowd.
        AsyncAwait 7y ago
        The problem is that a merge increases the centralization of power and the ability to abuse that power with impunity. ICE was only formed 16 years ago as this sort of centralized organization. That is different than going via multiple separate entities, each of which have their own checks and balances, oversight and even internal politics that make it less likely widespread abuse would pass all the links in the chain untamed. That is gone. The difference in 'effectiveness' is sort of like the difference between the reach of the LAPD intelligence arm vs the CIA.

Their "mere physical presence" after their visa has expired is the crime. There is nothing unique about the US in that regard. Most countries have a limit on how long you can visit.

arcticbull 7y ago

No, it's not a criminal matter, it's a civil matter. It's illegal in the same way as parking somewhere you're not supposed to. Not everything that's illegal is a crime. "It is generally accurate that the simple act of being in the United States illegally is not, by itself, a crime. Rather, it’s a civil violation that puts the individual at risk for deportation, but not for criminal prosecution." [1] This isn't always a good thing, of course, as there's less due process involved in handling such situations. Unlawful entry is a misdemeanor, lying to a border guard is a crime, and unlawful re-entry after deportation can be, also. [1] https://www.politifact.com/florida/statements/2017/mar/15/florida-conference-catholic-bishops/being-united-states-unlawfully-crime/ https://www.politifact.com/florida/statements/2017/mar/15/fl...

caseysoftware 7y ago
Ok, point withdrawn. Overstaying a visa is not a criminal offense. That's a new one for me. Thanks. I think your "who is hurt" approach is weak though. If a country can't enforce its own laws - or worse selectively enforces them - no one is obviously "hurt" but it erodes trust in the systems and process itself. It leaves everything up to the judgement of the people on the ground and damages the concept of equality under the law. It's a dangerous game to play.
- arcticbull 7y ago
  Yeah, I agree with you about law enforcement, particularly selective law enforcement. It is indeed a dangerous game to play, and while definitely a left-leaning individual I just can't get behind the whole "abolish ICE" thing. I do think that immigration laws in the US are absurdly strict and I have a hard time buying the "America's Full" argument. That said, while laws exist on the books they should be enforced. I was suggesting one has a clear victim and the other doesn't so it may not be directly comparable. The "who's hurt" question was something I'm curious the consensus answer to rather than an excuse for not enforcing the law.
  - AsyncAwait 7y ago
    > I just can't get behind the whole "abolish ICE" thing. Not saying one way or another, but the argument is that ICE was only formed 16 years ago and that the U.S. was not 'overrun' before then. The Border Patrol etc. would still remain, just the Stasi-like tactics of removing people from their homes in the middle of the night and holding people in cages would disappear. At least that's how I've heard the argument.
    - caseysoftware 7y ago
      ICE was the merger of numerous things, including the INS which pre-dates WW2 making it older than the Air Force, Department of Ed, and dozens of other government agencies. Saying "only formed 16 years ago" is only right among the "well, actually" crowd.
      - AsyncAwait 7y ago
        The problem is that a merge increases the centralization of power and the ability to abuse that power with impunity. ICE was only formed 16 years ago as this sort of centralized organization. That is different than going via multiple separate entities, each of which have their own checks and balances, oversight and even internal politics that make it less likely widespread abuse would pass all the links in the chain untamed. That is gone. The difference in 'effectiveness' is sort of like the difference between the reach of the LAPD intelligence arm vs the CIA.