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The Star-Ledger
Christie clarifies:
'Illegal' immigrants
are in civil
violation
BY BRIAN DONOHUE,
nj.com from the Web, April 29, 2008
The office of U.S. Attorney
Christopher Christie yesterday issued a statement addressing criticism of
remarks he made regarding illegal immigration at a church forum in Dover Sunday.
In response to a question from an audience member, Christie said that immigrants
are not committing a crime by being in the country illegally.
Yesterday, Christie said that while entering the country illegally is considered
a federal misdemeanor, simply lacking legal immigration status is a civil
violation.
"I can only enforce the laws that they give me," Christie said at the forum
sponsored by the Latino Leadership Alliance of New Jersey and the First United
Methodist Church of Dover.
Christie's comment drew criticism from Morristown Mayor and Democratic
congressional candidate Donald C. Cresitello, as well as scores of comments on
internet message boards.
Critics called his statements incorrect, and indicative of a lax approach to
immigration enforcement by the federal government.
Yesterday, Christie's office is sued a written statement defending the comments,
saying they accurately reflected federal law.
"He did not say, nor did he mean, that entering this country through any means
other than the appropriate immigration channels is a lawful act," the statement
read. "It is not."
The controversy has highlighted one of the most widely misunderstood aspects of
immigration law.
Christie said immigrants in the county illegally are not automatically
committing a crime by their presence. Is that true?
Yes. "Illegal presence" as the offense is called, is not a violation of
the U.S. criminal code. A person cannot be sent to prison for being here
without authorization from immigration authorities. It is, however, a
violation of civil immigration laws, for which the federal government can impose
civil penalties, namely deportation.
But he was later asked a hypothetical question about someone sneaking across
the border and said that's not a crime either. Is that true, too?
No. "Improper entry by an alien" as it is called, is a violation of Title
8 of the U.S. criminal code punishable by a fine of between $50 and $250 and/or
a maximum of six months in jail.
It is considered difficult to prosecute because unless authorities catch someone
in the act of crossing the border, it is easier to just deport them than spend
the time and money needed to prove how they crossed the border. Even in
border states, first-time offenders are rarely prosecuted because the court
system would be inundated with millions of cases.
So it's a crime to enter the country illegally, but not a crime to be here
illegally. How can you do one without the other?
It's not hard, and millions of people have done it. People obtain legal
visas to enter the U.S. for work, study or tourism and then simply remain in the
country after the visa expires. Of the estimated 12 million illegal
immigrants in the United States, studies show about 40 percent to 50 percent
came here legally but are now illegal immigrants.
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