What is immigration?
It is the action of coming to live permanently but in a foreign country. Ex: Indian living and being brought up in the UK or citizens of Afghanistan absconding or escaping from their country and trying to settle down permanently in other countries.
The concept of immigration has always played a crucial factor in the upbringing of the United States commercial and ethnic vitality and continues to remain so to this day. The concern in prevalence to “immigration” has always evolved with ages. Since 1952, when the “U.S government decided to consolidate its immigration and naturalization laws into one comprehensive federal policy to the current 2021 Biden government reviving its refugee resettlement program and phasing out numerous Trump-era restrictions on asylum seekers.”[1]
We have discussed various articles on understanding immigration and laws regarding the same, in this article we throw light on retaliatory actions on immigration and what it means to the USA.
Understanding “immigration” issue at the core level:
- “Whether it’s by crossing the U.S. border with a “coyote” or buying a fake U.S. passport, a foreign national who enters the U.S. illegally can be both convicted of a crime and held responsible for a civil violation under the U.S. immigration laws. Illegal entry also carries consequences for anyone who might later attempt to apply for a green card or other immigration benefits. The penalties and consequences get progressively more severe if a person enters illegally more than once or enters illegally after an order of removal (deportation) or after having been convicted of an aggravated felony.”[2]
Laws:
“Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. Particularly on the Southwest border, federal officials are vigorously prosecuting migrants either for entering the United States without permission or for reentering the country without permission after a prior deportation or removal order (commonly referred to, respectively, as “illegal entry” and “illegal re-entry;” or collectively as “entry-related offences”). Lawyers increasingly have observed federal prosecutions of adult family members for entry-related offences which result in those family members being sent to a federal prison away from their children. The children are then placed with federal authorities at shelters for unaccompanied minors or in foster homes, while parents receive little or no information about their location and condition.”[3]
“The Immigration and Nationality Act (INA) governs the admission, removal, and presence of non-U.S. nationals (aliens). Immigration-related cases make up a significant portion of the federal criminal caseload. Immigration-related crimes generally cover three categories of conduct:
- Improper entry and reentry,
- The smuggling, transporting, and harbouring of aliens; and
- Immigration-related fraud.
Improper Entry and Illegal Reentry Unlawfully entering the United States may result in criminal penalties with enhanced penalties for illegal reentry.”[4]
- Under Title 8, Section 1325 of the U.S. Code (U.S.C.), or,
- Section 275 of the Immigration and Nationality Act (I.N.A.). examines the above-mentioned points and more with punishments for the same is also all inclusively explained. You can refer to the actual Act linked in footnote 5.[5]
- Entry (or attempted entry) at a place other than one designated by immigration officers carries additional civil penalties. The amount is at least $50 and not more than $250 for each such entry (or attempted entry); or twice that amount if the illegal entrant has been previously filed a civil penalty for the same violation. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)[6]
This article provides an overview of laws in regard to illegal entry/immigration in the United States. However, if you are hoping to apply for a green card or have other unresolved issues in regard to the same, you should enquire an immigration attorney for a personal analysis of your situation. You might also further benefit from exemptions not mentioned herein.
[1] https://www.cfr.org/timeline/us-postwar-immigration-policy?gclid=CjwKCAjw4KyJBhAbEiwAaAQbE7j55zsI8KwY6rcJGLFtxiRhqLtaqP9zBKOnvSWYUIkJlseEPIgN0hoCTmwQAvD_BwE [2] https://www.alllaw.com/articles/nolo/us-immigration/crime-enter-illegally.html [3] https://www.americanimmigrationcouncil.org/research/immigration-prosecutions?__cf_chl_jschl_tk__=pmd_imavbAHkHsleyA.dWr7Bbt4PZnFMWlUgY.1Ykx45cSs-1630275629-0-gqNtZGzNAjujcnBszQj9 [4] https://sgp.fas.org/crs/homesec/IF11410.pdf [5] https://www.law.cornell.edu/uscode/text/8/1325 [6] https://www.alllaw.com/articles/nolo/us-immigration/crime-enter-illegally.html
