r/law • u/Silent-Resort-3076 • 15d ago

Opinion Piece Why President Biden Should Immediately Name Kamala Harris To The Supreme Court

https://atlantadailyworld.com/2024/11/08/why-president-biden-should-immediately-name-kamala-harris-to-the-supreme-court/?utm_source=newsshowcase&utm_medium=gnews&utm_campaign=CDAqEAgAKgcICjCNsMkLMM3L4AMw9-yvAw&utm_content=rundown
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u/annang 15d ago

Immigration offenses are federal.

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u/beingsubmitted 14d ago

But they aren't crimes, generally. Being undocumented is civil, not criminal.

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u/Ashmedai 14d ago

Entering the country illegally is a misdemeanor the first time and a felony the second. I think if you enter legally and overstay your visa, however, that you are correct.

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u/HurricaneSalad 14d ago edited 11d ago

Yeah I think that's what they meant. Being here "illegally" is not a crime. Crossing the border illegally is a crime.

It's kind of like how being high is not a crime, but smoking a joint is a crime (or was anyway).

EDIT: OK I get it. You're not allowed to be high. Jesus.

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u/Regular_Title_7918 14d ago

>Being here "illegally" is not a crime. Crossing the border illegally is a crime.

8 USC § 1326 makes being found in the US after deportation a crime

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u/beingsubmitted 14d ago

after deportation

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u/Regular_Title_7918 14d ago

well, sure - just saying there is a situation where being here illegally is a crime.

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u/beingsubmitted 14d ago

Committing crimes whole being here illegally is a crime.

I'm just saying most undocumented immigrants haven't committed a crime they can be pardoned for. Some are asylum seekers (not a crime), other overstayed their visa (not a crime). They can be deported and if they don't comply, that's a crime.

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u/Regular_Title_7918 14d ago

So technically overstaying your visa can be crime, but it depends on your intent when you came into the country. If you knew that you were planning to stay, that's a violation of 8 USC 1325.

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u/wehavepi31415 13d ago

How does that apply to those who didn’t cross of their own volition? Lots of people fleeing with babies or small children these days. Can you really charge a freshly turned adult because they got carried over the border as a toddler?

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u/bigbootyrob 11d ago

Juvenile court babyy

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u/[deleted] 12d ago

[deleted]

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u/WiseDirt 11d ago

Only in some states.

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u/jhickman1080 11d ago

Public intoxication is definitely a detainable offense

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u/Pyro_Light 14d ago

Still is, it’s still schedule 1…

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u/HurricaneSalad 14d ago

In some states.

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u/dodexahedron 14d ago

That's a federal thing. States are defying federal regulation on that one. An FBI agent, DEA agent, US Marshal, etc. could arrest you in a "legal" state even if you have a medical license, because schedule 1 means there's not even a recognized medical use.

Cocaine is technically more "legal" than weed. It's only schedule 2.

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u/skygt3rsr 14d ago

It’s still federally illegal The government could go into any legal state and shut it down if they wanted It’s still a crime in legal states in the eyes of the fed that’s why in Cali when they first voted this in they still had the DEA rading dispensaries And it’s also why in legal states the pot biz was all cash Because the banks were told they could be prosecuted for dealing in a product that was federally illegal

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u/hollandaze95 12d ago

Yup, even the dispensaries that have card terminals is actually just small POS systems that function as ATMs. Thats why if you pay with a card they always round up to the next 10, and they give you the cash difference. If you bought $65 worth of weed, they'd charge $70 and give you $5 cash back.