What happens to illegal immigrants found in the States?

[subversplat]

Do they get jailed? Deported? What about when they've had enough and want to leave?

Just wondering, like ;)

[TeeJay]

I do know that they are often called "undocumented workers/immigrants" rather than illegal immigrants. But then again what's in a name?

edited to add:

Apparently:Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

Unlawfully crossing U.S. borders is a misdemeanor (minor offence) and if repeated becomes punishable as a felony (more serious offence).

[subversplat]

Mmmm... So there's a possibility of six months inside for a first offence :( What about if you appeared on holiday and just sort of forget to come back? Getting shot at by the border patrol isn't the best thing in the world anyway :p

[TeeJay]

Well if you entered legally then the above doesn't seem to strictly apply. Overstaying?

I've just read this: "If you overstay your visa or use it for a purpose for which it was not issued - for instance, if you work while on a student visa - you may be deported by the Immigration and Naturalization Service (aka INS). Moreover, if you are caught "out of status" - which includes using your visa incorrectly or overstaying it - you can be prohibited from returning to America for up to three years. Do it again and you can be banned for a decade." http://www.soyouwanna.com/site/syws/visa/visaFULL.html

Maybe you could leave the US over a small border crossing (eg a small crossing into Canada) where they didn't look at your passport very hard on the way out, and avoid getting 'blacklisted' from future automatic (Visa Waiver Programme) entry to the US. I doubt they would do much more than tell you to leave the country, but they might refuse to give you a Visa Waiver next time you go to the US, which would mean having to apply for a full visa before travelling rather than just filling in a card on the plane like most people from the UK can do.

edited to add: Overstaying your visa (http://www.emigrant.ie/article.asp?iCategoryID=282&iArticleID=52528) A good faq on overstaying aimed at irish ex-pats and considers some ways of trying to get round the system.

[spring-peeper]

Well if you entered legally then the above doesn't seem to strictly apply. Overstaying?

I've just read this: "If you overstay your visa or use it for a purpose for which it was not issued - for instance, if you work while on a student visa - you may be deported by the Immigration and Naturalization Service (aka INS). Moreover, if you are caught "out of status" - which includes using your visa incorrectly or overstaying it - you can be prohibited from returning to America for up to three years. Do it again and you can be banned for a decade." http://www.soyouwanna.com/site/syws/visa/visaFULL.html

Maybe you could leave the US over a small border crossing (eg a small crossing into Canada) where they didn't look at your passport very hard on the way out, and avoid getting 'blacklisted' from future automatic (Visa Waiver Programme) entry to the US. I doubt they would do much more than tell you to leave the country, but they might refuse to give you a Visa Waiver next time you go to the US, which would mean having to apply for a full visa before travelling rather than just filling in a card on the plane like most people from the UK can do.

edited to add: Overstaying your visa (http://www.emigrant.ie/article.asp?iCategoryID=282&iArticleID=52528) A good faq on overstaying aimed at irish ex-pats and considers some ways of trying to get round the system.

I really hope that you were not implying that Canadian borders guards do not do their job properly.

[TeeJay]

I really hope that you were not implying that Canadian borders guards do not do their job properly.Why would a Canadian border guard care whether someone had overstayed their American visa?

That is the job of the US border guard, but I'd expect they care less about people leaving than coming in. Having said that it has probably tightened up considerably since I crossed US-Canada at some rural crossing point back in 1995-ish and simply got waved across by the US people who hardly even looked at my documents at all.

[spring-peeper]

Why would a Canadian border guard care whether someone had overstayed their American visa?

That is the job of the US border guard, but I'd expect they care less about people leaving than coming in. Having said that it has probably tightened up considerably since I crossed US-Canada at some rural crossing point back in 1995-ish and simply got waved across by the US people who hardly even looked at my documents at all.

No, they don't care about the American visa situation. They care about Canadian security. As long as the person has the appropriate documentation and meet the standards for admission, they should not be a problem. Simply meeting US standards doesn't really mean much up here.

And, yes, security has changed since 1995 - even at the little hick places.

[pogofish]

Why would a Canadian border guard care whether someone had overstayed their American visa?

IIRC, they have a longstanding open/shared/co-operative border agreement but that may well have changed a bit for non US/CA citizens now.


Do they get jailed? Deported? What about when they've had enough and want to leave?

When one of my students got booted out of the States a while back, he was held in detention & given the choice of either the Canadian/Mexican border or a US port of exit to be escorted to - which was to be at his expense & he (or rather we) had to find a carrier willing to take him first. :eek:

Yes, the twit made a bomb-joke in an airport & got his visa revoked there & then, plus a ban from every airline operating out of the US. which didn't make it too easy to get a flight out of Canada either.

[ska invita]

I think all Americans interested in the subject should read this latest piece of Law
http://www.democracynow.org/article.pl?sid=06/06/16/1355218

- particularly vulnerable are immigrants to being banged up indefinitely

[xiannaix]

I think all Americans interested in the subject should read this latest piece of Law
http://www.democracynow.org/article.pl?sid=06/06/16/1355218

- particularly vulnerable are immigrants to being banged up indefinitely

interesting...

the article starts out saying

A federal judge in Brooklyn has ruled the government can legally detain non-citizens on the sole basis of their religion, race or national origin and then detain them indefinitely. We speak with an attorney with the Center for Constitutional Rights that filed a lawsuit in the case.

but then

The first thing that the judge ruled is that once a non-citizen is picked up for a valid immigration purpose, that non-citizen can be held after they receive a final deportation or removal order, as long as they are going to be deported at some point in the foreseeable future.

Which is to say that if some one is there illegally, they've received a final deportation or removal order and that they're going to be deported in the foreseeable future then the government can hold them to investigate other factors. That's three criteria that mist be met first. The government is not grabbing and holding non-citizens because of their race religion or national origin but because they've violated the law. The Gov't may well fuck up and hold people that represent zero threat or intelligenec value - however - that would be a fuck up as there is no profit in holding some one of no value. Still, no solace to those who are held. However, break the law and suffer the consequences.

It's one thing to disagree with that policy (it's a principle applied in several areas of American law - eg - once a valid legal reason for an auto stop has occurred the police may investigate other factors unrelated to the stop. The case at issue here is analogous) and quite another to misstate.