[quote=briansd1]As I said before, undocumented presence in USA is not illegal, nor criminal. If anyone thinks otherwise, please point to the Constitution or any statute that makes it illegal.
Here are important parts of the article:
Migrant workers residing unlawfully in the U.S. are not — and never have been — criminals. They are subject to deportation, through a civil administrative procedure that differs from criminal prosecution, and where judges have wide discretion to allow certain foreign nationals to remain here.
Justice Anthony Kennedy, writing for the majority, joined by Chief Justice John Roberts and three other justices, stated: “As a general rule, it is not a crime for a removable alien to remain present in the United States.” The court also ruled that it was not a crime to seek or engage in unauthorized employment.
As Kennedy explained, removal of an unauthorized migrant is a civil matter where even if the person is out of status, federal officials have wide discretion to determine whether deportation makes sense. For example, if an unauthorized person is trying to support his family by working or has “children born in the United States, long ties to the community, or a record of distinguished military service,” officials may let him stay. Also, if individuals or their families might be politically persecuted or harmed upon return to their country of origin, they may also remain in the United States.
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brain, this is way too much.
the person illegally entered the country, or illegally overstayed their visa. that is illegal.
to say they are undocumented means they were frolicking on one side of the Rio Grande, and the current took them to the other side. Hence they are undocumnted, but they didn’t mean to cros the border illegally.
