5 ms·
US Code appears to disagree: 8 U.S. Code § 1325 - Improper entry by alien (a)Improper time or place; avoidance of examination or inspection; misrepresentation
by caseysoftware 1y ago
US Code appears to disagree:
8 U.S. Code § 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.
Ref: https://www.law.cornell.edu/uscode/text/8/1325 https://www.law.cornell.edu/uscode/text/8/1325
- deleted 1y ago[deleted]
- criddell 1y agoWould that apply to dreamers (people who were brought into the US by their parents when they were minors)?
- klipt 1y agoDreamers are not protected by congressional law, they're protected by an Obama executive order (DACA). Which means that protection could be removed by Trump at the stroke of a pen. Dreamers really entirely on the moral compass of Trump...
- TimorousBestie 1y ago8 USC 1325 and 1326 represent a fraction of immigration cases, mostly Mexican or South American smuggling. There are many other categories of undocumented person.
- caseysoftware 1y agoWhat are the categories you're thinking of and what % fit into each?
- klipt 1y agoVisa application forms are really long and complicated and it's easy to make a mistake somewhere. With some motivated investigation and sufficiently broad interpretation I expect you could accuse most foreign visitors of "misrepresentation and concealment of facts"
- somanyphotons 1y agoThis is also exactly why the de-naturalization is such a scary threat, it's essentially impossible to be 100% truthful given how all the questions are worded on application forms.
- dataflow 1y ago> concealment of a material fact For what it's worth, when denaturalization came up in the first Trump presidency, SCOTUS threw them out of court because they deemed the word "material" as... very material. Though who knows if they'll change their tune this time.
- BobaFloutist 1y agoWhat do you mean, you don't think it's perfectly reasonable to ask Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other location in the world? And then demand dates, locations, roles, etc for each and every time you have?
- nucleardog 1y agoNot going to dig too far to try and find updated numbers, but as of 2014 about 2/3 of people who had entered the country illegally that year were people that overstayed their visa and the ratio had been on an upward trend for quite a while. I'm sure you could torture that into applying to that situation, but at least on a very plain reading it doesn't sound like it applies generally to those people.
- dataflow 1y ago> 2/3 of people who had entered the country illegally that year were people that overstayed their visa That doesn't make sense. If you overstayed the visa then you (probably?) entered legally, not illegally. Did you mean something else?
- bombcar 1y agoI guess they mean “in the country illegally” but I presume you could also argue that if they entered intending to overstay the visa, they entered illegally.
- nucleardog 1y agoYeah something like that. Of the people who entered the country that year and who were now in the country illegally, 2/3 had entered on a valid visa. Was trying to figure out a succinct way to say that and instead just butchered it. Words are hard.