Re: 'Undocumented Worker' Arrested for Two Homicides in Virginia
(a)
Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2)
eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined unde
r title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under
title 18, or imprisoned not more than 2 years, or both.
(b)
Improper time or place;
civil penalties. Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a
civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry);...
Now, notice that Title 8 (Eight) references Title 18 (Eighteen.)
IF Title 8 could impose a criminal penalty, it would not be necessary to reference Title 18. It would just make all the relevant actions a crime. But, it don't. And so we see that eluding the authorities, willfully false or misleading representation or the willful concealment of a material fact, are all punishable under Title 18 (which is the CRIMINAL CODE, btw.) Let me give you an example from this statute. Let's go to Title 18 USC 1001:
"
Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully--
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
makes any materially false, fictitious, or fraudulent statement or representation; or
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined..."
18 U.S.C. § 1001 - U.S. Code Title 18. Crimes and Criminal Procedure § 1001 | FindLaw
Now, we get to the part of
Improper Entry. We aren't identifying an illegal or even unlawful act - it's called improper. AND Improper Entry is
NOT listed in Title 18 of the Criminal Code as being a crime. If you hauled an undocumented foreigner into a criminal court and your
only charge is improper entry, the defense attorney is going to say, "
Motion to dismiss for failure to state a charge upon which this court has jurisdiction." Your case is gone. Again, the
United States Supreme Court ruled:
"immigration officials, who must decide whether to pursue removal at all..." (U.S. v Arizona, previously cited) So, now you ask the highest ranking immigration official. Let me give you a standing ruling by Attorney General Michael Mukasey on this:
"
Aliens in removal proceedings have no right to counsel, including Government-appointed counsel, under the Sixth Amendment of the Constitution because the Sixth Amendment applies only to criminal proceedings and removal proceedings are civil in nature"
https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3632.pdf
Summed up for you: Improper Entry is not a Title 18 Crime. The United States Supreme Court has ruled that immigration cases are in the jurisdiction of immigration officials. Immigration officials have ruled that removal is to be a
civil issue.
Now, had an undocumented foreigner committed a crime and was caught coming into the United States, they would be charged with the crimes separately and the improper entry would be a separate charge - EXCEPT that even if you're here legally, committing a crime is grounds for deportation... and we're right back on that treadmill. Improper Entry is not a Title 18 crime; the judicial branch has to acquiesce to immigration officials and the law says improper entry is a civil law.
I think it's all really irrelevant because, regardless of which branch of the government is involved, it results in deportation. So, you cited your source. When I learned what I just told you, I got my information from the highest ranking official (at the time) over at the Dept. of Homeland (IN) Security. Her name was Janet Napolitano. What did she say?
“
And yes, when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because crossing the border is not a crime per se. It is civil."
DHS Chief Napolitano: Illegal Immigration Is Not a Crime
