Deported Immigrants, and income earned while in the US

[Crazyhorse]

@Bricker

A person may commit a felony. That person is correctly called a felon.

When the term “illegal,” is used in this context, it’s similar to the use of “felon,” to describe a person who has violated immigration laws and is illegally present in the United States. A person is not inherently illegal, but certainly may be illegally present in the country.

I thought we got this all cleared up eight years ago.

@Crazyhorse

Once an “illegal immigrant” makes it across the border they are no longer in violation of any criminal laws simply to be here. At that point they become undocumented immigrants. Deportations and other immigration proceedings are handled by administrative law, not criminal law. Formerly this was handled by the INS and the Bush administration shifted this responsibility to the DHS. It’s really all semantics, it just depends if you use the word “illegal” to mean without permission, or in violation of a criminal statute.

@Bricker

Aren’t they in violation of 8 USC § 1324 et seq?

@Crazyhorse

As far as I know, no. Those codes cover issues like employing undocumented immigrants, importing undocumented immigrants, forgery of documents by an undocumented immigrant, failing to depart the country once you have been deported as an undocumented immigrant (all crimes) but to the best of my knowledge there is no code against simply being an undocumented immigrant.

§ 1324. Bringing in and harboring certain aliens

§ 1324a. Unlawful employment of aliens

§ 1324b. Unfair immigration-related employment practices

§ 1324c. Penalties for document fraud

§ 1324d. Civil penalties for failure to depart

@Richard_Parker

I don’t think so. Which criminal provision do you think they would be violating?

@Bricker

Apparently none – I threw that out from memory because that’s the law our hiring packets mention, but on review I see that while it has criminal penalities, they’re not for simple presence.