parados wrote:Can you please cite the specific law that makes illegal?
They are deportable under the law but I am unclear what crime they are committing and which court they are charged in.
Excellent point, parados. That a person is in this country illegally makes him/her subject to deportation. It does not in any way curtail their rights as visitors from another country.
8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) 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, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
Any alien who is apprehended while entering (or attempting to
Tico, You're missing the point; they were born in the US (they're considered naturalized citizens) of immigrants who came into the US before the law was passed, or their parents brought them into the US. They didn't have a choice, but to follow their parents.
Not illegal to BE in the USA. It is only illegal to enter.
He is required by Article 2 Section 3 of the Constitution
to: "take Care that the Laws be faithfully executed".
If they are born in the US, they are US citizens. They are US citizens by virtue of their birth in this country. They are not illegal in any way.
Beyond that, the children who follow their parents into this country "had no choice." So, what are you expecting to do with those children? Especially if their parents are already gone?
parados wrote:Not illegal to BE in the USA. It is only illegal to enter.
If you are an alien and you are IN the US, then you ENTERED the US. The law does not ONLY apply to those perched midway on the US border -- it applies to those who ENTERED the US "other than as designated by immigration officers," to cite only to subsection (a).
They can however deport you without evidence in a civil procedure.
Sure. Now how did they cross? What evidence do you have that makes their entrance a crime according to the law you just quoted. You need evidence. Just being in the country is not evidence enough to break the law you cited since you have no evidence of how they crossed.