Generally, illegal immigration is considered a civil offense in the U.S., specifically a civil violation of immigration law, not a criminal one. However, there are situations where illegal entry or reentry can lead to criminal charges, such as when someone enters the country illegally or re-enters after being deported.
Here's a more detailed breakdown:
Civil Offense:
Being in the U.S. without proper authorization (e.g., without a valid visa or overstaying a visa) is typically a civil violation handled by the Department of Homeland Security.
Criminal Offense:
However, certain actions related to illegal immigration can be considered criminal offenses under federal law. For example, illegal entry into the U.S. is a misdemeanor under 8 U.S.C. 1325, and illegal reentry after deportation is a felony under 8 U.S.C. 1326.
Criminal Prosecution:
Individuals charged with these immigration-related crimes can be subject to fines, imprisonment, or both.
Consequences of Civil Violations:
Even if not a criminal offense, civil violations of immigration law can still lead to deportation (removal from the U.S.) and other penalties.
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