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entering the country illegally is a federal crime that is generally charged as a misdemeanor. Also the peoppe Drunpf is sending to gitmo comitted crimes above and beyond that

https://www.law.cornell.edu/uscode/text/8/1325

https://media.tenor.com/uriCqkeEqyAAAAAx/fake-news.webp

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It's not "generally charged as a misdemeanor" it is a misdemeanor, punishable by at most six months in jail. It has the same severity as impersonating a member of the 4-H Club. Only on subsequent charges after a first conviction can it be prosecuted for a felony. It's "generally" not charged at all unless they're tacking it on to another crime because they don't need a conviction to deport you.

I think putting people in Gitmo for misdemeanors is kind of skeevy, but the argument probably is that they're just holding them until they process asylum claims or whatever which I guess is fine.

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that depends on if its the first offense

Illegal Entry"/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.

"Illegal Re-Entry"/8 U.S.C. § 1326 makes it a crime to unlawfully reenter, attempt to unlawfully reenter, or to be found in the United States after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person was previously removed after having been convicted of certain crimes: up to 10 years for a single felony conviction (other than an aggravated felony conviction) or three misdemeanor convictions involving drugs or crimes against a person, and up to 20 years for an aggravated felony conviction.

also the illegals going to gitmo comitted crimes beyond simply entering illegally. They dont have enough space to just send anyone there so people who are simply "undocumented" are safe from gitmo and will probably be sent to el salvador if not their country of origin.

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:#marseybrainletclapping:

Only on subsequent charges after a first conviction can it be prosecuted for a felony.

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either way, it is a crime that is generally punished as a misdemeanor and can be upped to a felony if youre a repeat offender. Youre by far the worse semantics debater ive ever seen.

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Your phrasing implies judicial discretion.

It's wrong anyways. It's generally punished as a civil tort because it expedites the deportation process. Almost nobody is prosecuted unless in conjunction with another crime.

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Almost nobody is prosecuted :marseysmoothbrain:

https://i.rdrama.net/images/1738703845WsuDpZa700BKjQ.webp

thousands are prosecuted for it, lmao

generally punished as a civil tort

:marseyxd: you have no clue what ur talking about

People who commit crimes in the US should either go to jail or be deported. Youre arguing the way you are(dishonestly) bc you dont have a retort to that basic premise.

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There was an "unless" at the end of that sentence. There were 530,000 deportations in 2019, as your graph shows the vast majority of them were not charged with any crime.

It's generally punished as a civil offense which is why illegal immigrants don't get due process or even charged with a crime, they face a civil judge who rubber stamps the whole thing.

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most male feminists arent ever charged so i guess thats no big deal to you too :marseywitchtriggered:

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I don't get it :marseysad:

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@fedposter @butthole

How can you say such hurtful things?

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That's crossing the border illegally not being in the US without status. Not all people without status crossed the border illegally (many had prior legal status) and they would need specific evidence of them crossing the border to charge them.

If someone had prior legal status and was convicted of anything that was a crime of moral turpitude (basically anything that is not a simple violation) their status is at risk. Any sort of felony conviction will result in near immediate revocation of a visa.

Being in the US without status is specifically not a crime because it makes it harder to deport people. If its criminal they have a constitutional right to a free lawyer, have to have the possibility of bond etc.

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Good to know :marseyreading:

Though is being in the country without status still technically breaking the law? Also can statute of limitations be applied to illegally crossing the border? :marseybeanquestion:

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It is not breaking the law. If it was illegal then constitutional protections for criminals would apply, they get to apply a much weaker standard so they can hold them indefinitely.

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