Agreed, though I don't think everyone is on board with visa overstayers either. It's just less of a target because of the Latin thing, the visualization, and the dirt poor no family ties thing, or at least no family that would sponsor your visa.
Those same Americans will complain until kingdom come once the economic cost of mass deportations hits the industries illegal labor subsidizes like agriculture, restaurants, construction, and hospitality. I'm not arguing that mass illegal immigration is a good thing. However, in a theoretical world where illegal immigrants are expelled en masse and American workers rush in with their salary and benefits demands, the cost to eat out, build a new deck, clean homes, etc. would rise dramatically.
Visa overstay is also a civil offense. Illegal border crossing is a criminal offense. It is also harder for a known terrorist to be a visa overstay. It is also harder to smuggle drugs or other contraband on a visa overstay. It could just be racism and classism, or that plus other reasons, or perfectly valid reasons unrelated to race and class. For me personally, I think visa overstays should be immediately deported just like illegal border crossers.
You have. An illegal immigrant is an illegal immigrant. However, it becomes apparent that the concern on the right is often more about specific individuals than the legality itself. In the case of those crossing the border for asylum, they aren’t ‘illegal’ unless they fail to attend their hearing or refuse to leave after being denied asylum, i.e., only after certain legal processes unfold. Despite pointing this out, you’ll encounter posters here who continue to misunderstand our asylum laws and claim otherwise.
I can’t recall the exact number, but several of the 19 9/11 terrorists overstated their tourist or business visas. Overstating your visa constitutes a violation of federal immigration law, and individuals can face criminal prosecution. It’s breaking federal law (and not just a civil offense, if it’s even considered a civil offense).
Breaking a federal law can still be a civil offense. The distinction is in the penalties. There is no imprisonment for overstaying a visa, the penalties are simply removal and denial of reentry. Criminal violations result in possibly being sent to jail (for misdemeanors) or prison (for felonies). There have been attempts to criminalize visa overstays, but they have not passed in Congress. There were bills introduced in 2021 and 2023, but I don't think they even got a vote in the House. How the 9/11 Terrorists Got Here (townhall.com) One of the 9/11 hijackers overstayed a visa.
ICE has the authority to detain individuals who overstay their visa until they are deported. Additionally, under certain circumstances, such as breaking another law to remain, individuals may face criminal charges. There was a case a few years ago where a Canadian was detained and later deported for overstaying his visa by just a few hours.
Detention pending deportation is not considered a criminal sanction, it is just part of the deportation process. Breaking another law may be criminal, if that other law is a criminal law, but simply overstaying a visa is not.
In summary, overstaying a visa breaks immigration law, and ICE could detain you and deport you. That action itself does not face criminal penalties (jail time). There is also a legal process to apply for visa overstay forgiveness to avoid the civil penalties. That is not so different from crossing the border and claiming asylum. Crossing the border at a non-designated entry point breaks immigration law, and ICE could detain you and deport you. That action itself does not face criminal penalties (jail time). Claiming asylum is a legal process that is allowed, however you enter the US under existing federal law. P.S. The Biden administration has tried to bar asylum for those who cross the border at non-designated entry points (and other requirements), but federal judges have ruled that it violates federal immigration law, which explicitly states that crossing the border, even illegally, does not bar an asylum request. So, in summary, both overstaying a visa and crossing the border for asylum are penalized mostly with civil penalties, if at all, and not with criminal penalties. On the point of drug smuggling being harder on a visa overstay, most drug smuggling is done by U.S. citizens through legal entry. - - Fentanyl Is Smuggled for U.S. Citizens By U.S. Citizens, Not Asylum Seekers | Cato at Liberty Blog The extreme focus on 'illegal immigration' at the Southern border crossing, when there is more 'illegal immigration' through visa overstays for the past few years, is primarily due to an attack on these southern border migrants by political leaders for years. This attack helps drive a wider societal view that can be seen as racism and/or classism. The escalating rhetoric with the usage of 'poisoning the blood' is ugly and dangerous racism.
8 U.S. Code § 1325 - Improper entry by alien | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Crossing the border at a non-designated entry point does face criminal penalties (up to 6 months in jail for the first offense and up to 2 years in prison for any subsequent offense).
