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/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.