"Illegal presence" as the offense is called, is not a violation of the U.S. criminal code. A person cannot be sent to prison for being here without authorization from immigration authorities. It is, however, a violation of civil immigration laws, for which the federal government can impose civil penalties, namely deportation
On May 21, 4:42 pm, THE ANNOINTED ONE <[email protected]> wrote: > I did not realize that that was ever a question put forth here. I do > know that if they cross with another person or persons or use the > services of a third party to do so it is a conspiracy and therefore IS > actually a felony under federal statute; to wit: > > An agreement between two or more persons to engage jointly in an > unlawful or criminal act, or an act that is innocent in itself but > becomes unlawful when done by the combination of actors. > > Conspiracy is governed by statute in federal courts and most state > courts. Before its Codification in state and federal statutes, the > crime of conspiracy was simply an agreement to engage in an unlawful > act with the intent to carry out the act. Federal statutes, and many > state statutes, now require not only agreement and intent but also the > commission of an Overt Act in furtherance of the agreement. > > Conspiracy is a crime separate from the criminal act for which it is > developed. For example, one who conspires with another to commit > Burglary and in fact commits the burglary can be charged with both > conspiracy to commit burglary and burglary. > > Conspiracy is an inchoate, or preparatory, crime. It is similar to > solicitation in that both crimes are committed by manifesting an > intent to engage in a criminal act. It differs from solicitation in > that conspiracy requires an agreement between two or more persons, > whereas solicitation can be committed by one person alone. > > Conspiracy also resembles attempt. However, attempt, like > solicitation, can be committed by a single person. On another level, > conspiracy requires less than attempt. A conspiracy may exist before a > crime is actually attempted, whereas no attempt charge will succeed > unless the requisite attempt is made. > > The law seeks to punish conspiracy as a substantive crime separate > from the intended crime because when two or more persons agree to > commit a crime, the potential for criminal activity increases, and as > a result, the danger to the public increases. Therefore, the very act > of an agreement with criminal intent (along with an overt act, where > required) is considered sufficiently dangerous to warrant charging > conspiracy as an offense separate from the intended crime. > > Try again please. > > On May 21, 2:05 pm, euwe <[email protected]> wrote: > > > Theirs is a civil infraction, not prosecutable in criminal courts > > until they have been deported at least once. > > > -- > > Thanks for being part of "PoliticalForum" at Google Groups. > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > * Visit our other community athttp://www.PoliticalForum.com/ > > * It's active and moderated. Register and vote in our polls. > > * Read the latest breaking news, and more. > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help seehttp://groups.google.com/group/PoliticalForum > > * Visit our other community athttp://www.PoliticalForum.com/ > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
