Are undocumented immigrants committing a crime? Not necessarily

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Washington (CNN)President Donald Trump states he prepares to punish unlawful migration.

But just what does "prohibited" mean in this context?

Under federal law , it is a criminal offense for anybody to participate in the United States without the approval of a migration officer-- it's a misdemeanor offense that brings fines and no greater than 6 months in jail.

Many foreign nationals, nevertheless, go into the nation lawfully every day on legitimate work or travel visas, and wind up overstaying for a range of factors.

But that's not an offense of federal criminal law-- it's a civil offense that gets managed in migration court procedures.

In reality, a 2006 research study revealed that approximately 45% of undocumented immigrants initially got in the United States lawfully, however then stayed in the nation without permission after their visas had actually ended.

The charge for this kind of infraction of migration law is deportation, and inning accordance with the ACLU , "civil elimination procedures far surpass prosecutions and stay the main way where the federal authorities impose the migration laws."

If, nevertheless, an undocumented immigrant is deported then goes back to the United States without authorization, then that "prohibited re-entry" makes up a federal offense with various tiers of accompanying jail time.

While Trump has actually frequently concentrated on immigrants who devote violent felonies while in the United States, research studies reveal those are in fact the exception-- immigrant criminal offense rates in a number of circumstances are in fact lower than native US-born populations (with some exceptions).

So although there are more than 11 million unapproved immigrants residing in the United States, they have not all dedicated a criminal offense simply by remaining in the nation.

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