3 ms·

The penalty for check fraud is not deportation, I'm sure you know that. The US is free to decide who gets to reside here and who doesn't. Obviously the case you

The penalty for check fraud is not deportation, I'm sure you know that. The US is free to decide who gets to reside here and who doesn't. Obviously the case you linked is an outlier. I don't understand why you're being so pedantic about this. You absolutely know that people use the 'misdemeanor' phrasing to make it seem like crossing the border is as innocuous as jaywalking. It's not. It has real effects and has been a major problem in the US for many decades. > It's to put it in perspective when folks try to act like crossing the border is a crime against humanity. Sure, crossing the border is not a crime against humanity, but neither is enforcing the law.

ceejayoz 7y ago
By that standard, the penalty for illegal entry isn’t deportation, either. https://www.law.cornell.edu/uscode/text/8/1325 https://www.law.cornell.edu/uscode/text/8/1325 “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.” > It has real effects and has been a major problem in the US for many decades. Like many other misdemeanors.
1111236112347 7y ago
> I don't understand why you're being so pedantic about this. You absolutely know that people use the 'misdemeanor' phrasing to make it seem like crossing the border is as innocuous as jaywalking. It's not pedantic, the distinction between a felony and a misdemeanor offense has very real consequences on how a case is processed. ICE ERO officers are dealing with a variety of cases, and the outcome of a specific enforcement action will depend on the severity of the offense. One common situation is someone came to the country on a visa, and they remained in the country and continued working after the visa expired. This is not a felony, and the person is likely to be released while the legal process plays out. This person might obtain authorization to remain in the country and never be deported, for example by obtaining a different visa. Another common situation is someone who overstayed their visa as above, but ERO officers also discover a large quantity of drugs and/or weapons in the vicinity. In this case, there is a strong reason to believe the person has committed a felony, and that person is very likely going to remain in custody while the legal process plays out. This person is also very likely to be deported, since a felony conviction would rule out pretty much all pathways to legal authorization to remain in the country.

ceejayoz 7y ago

By that standard, the penalty for illegal entry isn’t deportation, either. https://www.law.cornell.edu/uscode/text/8/1325 https://www.law.cornell.edu/uscode/text/8/1325 “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.” > It has real effects and has been a major problem in the US for many decades. Like many other misdemeanors.

1111236112347 7y ago

> I don't understand why you're being so pedantic about this. You absolutely know that people use the 'misdemeanor' phrasing to make it seem like crossing the border is as innocuous as jaywalking. It's not pedantic, the distinction between a felony and a misdemeanor offense has very real consequences on how a case is processed. ICE ERO officers are dealing with a variety of cases, and the outcome of a specific enforcement action will depend on the severity of the offense. One common situation is someone came to the country on a visa, and they remained in the country and continued working after the visa expired. This is not a felony, and the person is likely to be released while the legal process plays out. This person might obtain authorization to remain in the country and never be deported, for example by obtaining a different visa. Another common situation is someone who overstayed their visa as above, but ERO officers also discover a large quantity of drugs and/or weapons in the vicinity. In this case, there is a strong reason to believe the person has committed a felony, and that person is very likely going to remain in custody while the legal process plays out. This person is also very likely to be deported, since a felony conviction would rule out pretty much all pathways to legal authorization to remain in the country.