Aliens can be classified as unlawfully present for one of three reasons: entering without authorization or inspection, staying beyond the authorized period after legal entry, or violating the terms of legal entry. The maximum prison term is 6 months for the first offense with a
misdemeanor and 2 years for any subsequent offense with a
felony. In addition to the above criminal fines and penalties, civil fines may also be imposed. Sections 1325(a) and 1326(a), however, do "not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title." Similarly,
Title 8 of the United States Code, Chapter 12, Subchapter , Part , , "Reentry of removed aliens", subsection a, provides for a fine, imprisonment, or both for any non-citizen who: Note that both of these are illegal actions a person
can take or
may have taken, not a state of being - they refer to (re-)entry into the United States, not existing inside it.
SCOTUS ruled in
Robinson v California that United States law may only ban acts or codes of conduct, not states of being, pursuant to the
Eighth and
Fourteenth Amendments.
Visa overstay Unlike illegal entry (which is a criminal offense in the United States), it is not a criminal offense for an alien to enter the United States legally and then overstay his or her visa. A visa overstay is a civil violation dealt with through proceedings in
immigration court. A person who overstays a visa is subject only to the civil penalties of deportation or removal and restrictions for future applications for another US visa; under provisions of Section 212 of the
Immigration and Nationality Act, as amended by
1996 legislation, an alien who "voluntarily departs the United States after being unlawfully present for more than 180 consecutive days but less than 1 year" is subject to a three-year bar to readmission to the United States, and an alien who "departs (voluntarily or involuntarily) the United States after being unlawfully present for 1 consecutive year or more" is subject to a ten-year bar to readmission to the United States. Since 2007, visa overstays have accounted for a larger share of the growth in the illegal immigrant population than illegal border crossings. Some visa overstays occur unwittingly or inadvertently. In other cases, visa-holders enter the United States without the intention to do so, but ultimately decide to do so due to extenuating circumstances, such as dangers in their home countries.
Federal versus state role The federal government has primary responsibility for immigration enforcement in the United States. Assistance from state and local police for immigration enforcement has been controversial and legally complicated in various ways. In jurisdictions with majority support for strong immigration enforcement, state and local police often cooperate with federal officials. Some state governments have declared federal enforcement activities insufficient, and attempted to prevent illegal immigration through state law and police. In some jurisdictions where majorities feel federal immigration restrictions are unjust or enforcement actions too harsh, state and local police are prohibited from voluntary cooperation with immigration enforcement agencies. This may include information sharing or acting on
ICE detainers. Some jurisdictions prohibit asking about or checking the immigration status of victims, witnesses, or perpetrators, with the goal of encouraging illegal immigrants to report crimes without fear of disproportionate consequences or being deported themselves. Many of these have declared themselves
sanctuary cities or states. States have considerable power to make legal residency status a requirement for employment and state services including
social safety net programs and
higher education. The 1982 US Supreme Court decision
Plyler v. Doe ruled that K-12 students cannot be denied an education on the basis of immigration status. Whether or not to issue
driver's licenses for illegal immigrants became a high-profile political issue in the 21st century. In April 2010, Arizona passed
SB 1070, at the time the broadest and strictest anti-illegal immigration bill in the United States. The Court indicated that future legal challenges to the provision could still be pursued based on, for example, allegations of
racial profiling in the use of the clause. The
Los Angeles Times reported that the settlement "pulls the last set of teeth from what was once the nation's most fearsome immigration law." A
standoff at Eagle Pass began in January 2024 when the governor ordered the
Texas National Guard seized control of a park and refused entry to federal border control agents. Abbott and Arizona governor
Doug Ducey have arranged for buses to transport migrants released from federal custody to pro-sanctuary cities or even the homes of prominent liberal politicians, without coordinating with local officials and sometimes overwhelming local support services. At times, federal, state, and private facilities along the southern border have also become overwhelmed. Florida governor
Ron DeSantis even once arranged to
airlift of migrants to Martha's Vineyard, a wealthy island in liberal
Massachusetts.
Employment Illegal immigrants are generally not allowed to receive state or local public benefits, which includes
professional licenses. However, in 2013 the
California State Legislature passed laws allowing illegal immigrants to obtain professional licenses. On February 1, 2014.
Sergio C. Garcia became the first illegal immigrant to be admitted to the
State Bar of California since 2008, when applicants were first required to list citizenship status on bar applications.
E-Verify E-Verify is a United States
Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both US and foreign citizens, to work in the
United States. No federal law mandates use of E-Verify. Research shows that E-Verify harms the labor market outcomes of illegal immigrants and improves the labor market outcomes of Mexican legal immigrants and US-born Hispanics, but has no impact on labor market outcomes for non-Hispanic Americans. A 2016 study suggests that E-Verify reduces the number of illegal immigrants in states that have mandated use of E-Verify for all employers, and further notes that the program may deter illegal immigration to the United States in general.
Apprehension Federal law enforcement agencies, specifically
US Immigration and Customs Enforcement (ICE), the
United States Border Patrol (USBP), and
US Customs and Border Protection (CBP), enforce the
Immigration and Nationality Act of 1952 (INA), and to some extent, the
United States Armed Forces,
state and local law enforcement agencies, and civilians and civilian groups guard the border.
At workplace (top) and Ciudad Juárez (bottom) seen from earth orbit; the Rio Grande is the thin line separating the two cities through the middle of the photograph. Before 2007, immigration authorities alerted employers of mismatches between reported employees'
Social Security cards and the actual names of the card holders. In September 2007, a federal judge halted this practice of alerting employers of card mismatches. The
United States government held more than 300,000 people in
immigration detention in 2007 while deciding whether to deport them. Deportations of immigrants, which are also referred to as
removals, may be issued when immigrants are found to be in violation of US immigration laws. Deportations may be imposed on a person who is neither native-born nor a naturalized citizen of the United States. Deportation proceedings are also referred to as
removal proceedings and are typically initiated by the Department of Homeland Security. The United States issues deportations for various reasons which include security, protection of resources, and protection of jobs. Deportations from the United States increased by more than 60 percent from 2003 to 2008, with Mexicans accounting for nearly two-thirds of those deported. By the end of 2012, as many people had been deported during the first four years of the Obama presidency as were deported during the eight-year presidency of George W. Bush; the number of deportations under Obama totalled 2.5 million by the end of 2015.
AEDPA and IIRIRA Acts of 1996 Two major pieces of legislation passed in 1996 had a significant effect on illegal immigration and deportations in the United States: the
Antiterrorism and Effective Death Penalty Act (AEDPA) and the
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). These were introduced following the
1993 World Trade Center bombing and the 1995
Oklahoma City bombing, both of which were terrorist attacks that claimed American lives. These two acts changed the way criminal cases of lawful permanent residents were handled, resulting in increased deportations from the United States. Before the 1996 deportation laws, there were two steps that lawful permanent noncitizen residents who were convicted of crimes went through. The first step determined whether or not the person was deportable. The second step determined if that person should or should not be deported. Before the 1996 deportation laws, the second step prevented many permanent residents from being deported by allowing for their cases to be reviewed in full before issuing deportations. External factors were taken into consideration such as the effect deportation would have on a person's family members and a person's connections with their country of origin. Under this system permanent residents were able to be relieved of deportation if their situation deemed it unnecessary. The 1996 laws issued many deportations under the first step, without going through the second step, resulting in a great increase in deportations. One significant change that resulted from the new laws was the definition of the term
aggravated felony. Being convicted of a crime that is categorized as an aggravated felony results in mandatory detention and deportation. The new definition of aggravated felony includes crimes such as shoplifting, which would be a
misdemeanor in many states. The new laws have categorized a much wider range of crimes as aggravated felonies. The effect of this has been a large increase in permanent residents facing mandatory deportation from the United States without the opportunity to plea for relief. The 1996 deportation laws have received a lot of criticism for their curtailing of residents' rights. Under the USA Patriot Act the Attorney General was granted the power to "certify" illegal immigrants that pose a threat to national security. Once an illegal immigrant is certified they must be taken into custody and face mandatory detention which will result in a criminal charge or release. The Patriot Act has been criticized for violating the
Fifth Amendment right to due process. Under the Patriot Act, an illegal immigrant is not granted the opportunity for a hearing before given certification.
Complications of birthright citizen children and illegal immigrant parents Complications in deportation efforts ensue when parents are illegal immigrants, but their children are
birthright citizens. Federal appellate courts have upheld the refusal by the Immigration and Naturalization Service to stay the deportation of illegal immigrants merely on the grounds that they have US-citizen, minor children. The bill was first introduced in the Senate on August 1, 2001, and has since been reintroduced several times but did not pass. It was intended to stop the deportation of people who had arrived as children and had grown up in the US. The Act would give lawful permanent residency under certain conditions which include: good moral character, enrollment in a secondary or post-secondary education program, and having lived in the United States at least 5 years. Those in opposition of the DREAM Act believe that it encourages illegal immigration. Although the DREAM Act has not been enacted by federal legislation, a number of its provisions were implemented by a memorandum issued by
Janet Napolitano of the
Department of Homeland Security during the Obama administration. To be eligible for
Deferred Action for Childhood Arrivals (DACA), one must show that they were under 31 years of age ; that they came to the United States before their 16th birthday; that they have continuously resided in the United States from June 15, 2007, until the present; that they were physically present in the United States on June 15, 2012, and at the time they applied for DACA; that they were not authorized to be in the United States on June 15, 2012; that they are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and that they have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Deportation trends 20th century There have been two major periods of mass deportations in US history. In the
Mexican Repatriation of the 1930s, through mass deportations and forced migration, an estimated 500,000 Mexicans and Mexican Americans were deported or coerced into emigrating, in what Mae Ngai, an immigration historian at the University of Chicago, has described as "a racial removal program". Some illegal immigrants, in some cases along with their US born children (
who are citizens according to US law), A direct effect of the deportation laws of 1996 and the Patriot Act has been a dramatic increase in deportations. Prior to these acts deportations had remained at about an average of 20,000 per year. Between 1990 and 1995 deportations had increased to about an average of 40,000 a year. From 1996 to 2005 the yearly average had increased to over 180,000. In the year 2005 the number of deportations reached 208,521 with less than half being deported under criminal grounds. According to a June 2013 report published by the
Washington Office on Latin America, dangerous deportation practices are on the rise and pose a serious threat to the safety of the migrants being deported. These practices include repatriating migrants to border cities with high levels of drug-related violence and criminal activity, night deportations (approximately 1 in 5 migrants reports being deported between the hours of 10pm and 5am), and "lateral repatriations", or the practice of moving migrants from the region where they were detained to areas hundreds of miles away. These practices increase the risk of gangs and organized criminal groups preying upon the newly arrived migrants.
21st century In 2013, deportation prioritization guidance used by Immigration and Customs enforcement, was extended to Customs and Border Protection, under the Obama Administration's
prosecutorial discretion plan. Under the
Obama administration, removals peaked in fiscal year (FY) 2012, when 409,849 persons were removed (about 55% of whom had a criminal conviction, with some additional number with a pending criminal charge). and FY 2013, when 438,421 persons were removed. Deportations thereafter declined while still remaining high: there were 414,481 deportations in FY 2014, 235,413 deportations in FY 2015, 240,255 deportations in FY 2016. In the final year of his presidency, Trump deported an additional 186,000 illegal immigrants, bringing his total to just under 1 million for his full presidency. A study in 2005 by the
Center for American Progress, a liberal think tank, estimated that the cost of forcibly removing most of the nation's illegal immigrants (then estimated to be about 10 million) would be $41 billion a year, more than the entire annual budget of the US Department of Homeland Security.
Military involvement In 1995, the
United States Congress considered an exemption from the
Posse Comitatus Act, which generally prohibits direct participation of
US soldiers and
airmen (and
sailors and
marines by policy of the
Department of the Navy) in domestic law enforcement activities, such as search, seizure, and arrests. Cities which have been referred to as "sanctuary cities" by various politicians include
Washington, D.C.;
New York City; Los Angeles; Chicago;
San Francisco; Most of these ordinances are in place at the state and county, not city, level. These policies do not prevent the local authorities from investigating crimes committed by illegal immigrants.
Attacks on immigrants According to a 2006 report by the
Anti-Defamation League, white supremacists and other extremists were engaging in a growing number of assaults against legal and illegal immigrants and those perceived to be immigrants, Other organizations and initiatives offer support to populations of illegal immigrants within the United States, such as
Kichwa Hatari, a radio station in New York City that translates information from Spanish into the
Kichwa language for broadcast to Ecuadorian illegal immigrants. ==Economic impact==