When I read a recent letter to the editor saying “It is not a criminal offense to be in the country illegally” I went, “Huh? Did I read that right?” If it’s not a criminal offense, then why is it illegal?
Well, because it is. From USC 8 Section 1325: “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.”
From a legal website parsing USC8s1325: “For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both. For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)”
So, apparently, entry into the U.S. illegally is a criminal offense. Also, there is no mention whatsoever of cherry-picking laws to be enforced by the local constabulary in Article 10 of the Constitution.
Article 10 U.S. Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
People really need to stop making things up to suit their whims. It’s all clearly spelled out. According the Constitution, rules of immigration are to be made by the Congress of the United States. Since this is clearly defined in the Constitution, it also means that states, cities and towns can’t make up their own rules as they see fit.
John Babits
Turners Falls