there are no “illegals.” That’s a word the Republikkkans use to dehumanize and demonize. People who are here without documentation, without legal permission, that’s a civil offense, not a criminal one. Crossing the border outside a checkpoint is misdemeanor trespass. They can claim asylum from anywhere in the U.S and whether you like it or not they have as much right to be here as you MAGAats do. Most of them are workers with families just like you. Once they have been there for over decades, they are protected by the statute of limitations.- Rando Lefty talking points
This ties in with my statement on Due Process. Read the clause again:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So lets assume that you are right- illegally entering the country isn’t a crime. OK. What is the penalty? You get sent back to the nation that you came from. That isn’t depriving you of life, liberty, or property, so you aren’t entitled to due process.
If the government DID want to charge you with a crime, the law used would be 8 USC 1325: Improper entry by alien. The law reads:
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 under 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.
In other words, it’s a misdemeanor the first time, a felony each subsequent time.
Saying the word “asylum” isn’t a magic word that gets you a free pass. First, asylum is for fleeing your home country because your life is in danger if you stay. Second, once you have left your home country, the threat is gone, and you are done fleeing. That means you can’t pass through 8 nations on the way to the US in order to claim asylum. That’s not how it works.
Also, sneaking into the country and staying here for a decade in violation of the law doesn’t mean that you can claim asylum after being caught.
The statute of limitations don’t apply in the event of a crime that continues every day. If I were to make an illegal machine gun, but I own it for 20 years, that doesn’t mean ATF can’t charge me with it. That also isn’t how crimes work.
