For first time offenders, it's a misdemeanor. Although Trump devotees consider it on par with rape or murder, the penalty makes it about as serious as trespassing. Of course the real punishment is deportation. However, immigration courts don't punish people. Deportation is only a change of immigration status since this is being handled in a civil not a criminal court.Those people from Honduras would probably consider 5 years in a federal prison free room and board, far better than what awaits them at home. It just delays deportation and cost a bunch of money. This is one of the reasons we rarely imprison someone for illegal entry.To really reduce the 12 million illegal immigrants in the US we have to start large scale deportations from all of major cities, and that's not going to be easy for a number of reasons.
No, if we really wanted to reduce the number of illegals, all we have to do is pass a law that anybody caught here illegally faces a minimum five year prison sentence. It could be more depending on how good the judge feels that day.
At least 11 million of the illegals will be running to that border so fast it would make your head spin.
No, it's because it's only considered a misdemeanor. If it was a first degree felony, we would reduce our immigration population by at least 90%, and reduce border crossings by even more.
For repeat offenders it can be tried as a felony. In the federal system an imprisonment penalty of one year or over is considered a felony. My understanding is Trump is moving repeat offenders to criminal court which is not likely to consider the reason for the crime nor the effect of conviction on the family plus there is no huge backlog. So they should be open and shut cases, ideal for plea bargains. However, in a criminal court the defendant is entitled to a jury trial unlike immigration court.
I seriously doubt that any penalty other than death for illegal entry would have any effect on illegal immigration. From the questions I read on the Internet from people facing deportation, they don't have a clue how our legal system works and know even less about immigration courts or laws and these are probably the smart ones.
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