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I AM ASKED BY PEOPLE HOW YOU DETERMINE ILLEGAL IMMIGRANTS WITH OUT DUE PROCESS. The United States, Congress plays a central role in defining and regulating immigration, including matters related to illegal immigration and the consequences faced by non-citizens who violate immigration laws. Here's how Congress determines illegal immigration and the punishments for non-citizens: Defining illegal immigration Broad Definition: Congress, through the Immigration and Nationality Act (INA) and other legislation, defines illegal immigration as the act of a non-citizen entering or remaining in the U.S. without proper authorization. This can occur in several ways, including entering without inspection at a port of entry, remaining after a valid visa has expired, or violating the terms of a visa. Categories of Violations: The INA and other federal laws outline specific actions that constitute violations, such as entering without being inspected and admitted, or re-entering after having been deported. Civil vs. Criminal: It's important to understand that simply being present in the U.S. without authorization is generally a civil violation, not a criminal offense, though it can lead to removal proceedings. However, certain actions related to unauthorized presence, like illegal entry or re-entry after deportation, are considered criminal offenses. Punishing non-citizens who violate immigration laws Removal Proceedings: The primary way the U.S. government enforces immigration laws is through civil removal (deportation) proceedings, administered by the Department of Homeland Security (DHS). These proceedings can lead to a person being ordered to leave the country. Criminal Penalties: For actions deemed criminal offenses under federal law, non-citizens can face prosecution and imprisonment. For example: Illegal Entry (8 U.S.C. § 1325): Makes it a crime to unlawfully enter the U.S. A first offense is a misdemeanor punishable by fines, imprisonment, or both. Illegal Re-entry (8 U.S.C. § 1326): Makes it a felony to unlawfully re-enter or be found in the U.S. after being deported, removed, or denied admission. Penalties can range from fines and imprisonment up to two years, to higher sentences (up to 20 years) for repeat offenders or those with previous convictions for certain crimes. Harboring Aliens (8 U.S.C. § 1324): This law addresses assisting individuals in entering or remaining in the U.S. unlawfully. Violations are serious felonies, potentially carrying prison sentences ranging from 5 to 20 years, or even life imprisonment in cases where someone dies as a result. Inadmissibility and Bars to Re-entry: Accruing "unlawful presence" can lead to bars on re-entry, meaning a non-citizen who leaves the U.S. after a certain period of unlawful stay may be prevented from returning legally for several years. A period of unlawful presence exceeding 180 days but less than a year can trigger a 3-year bar on re-entry. One year or more of unlawful presence can lead to a 10-year bar. In some cases, individuals who accumulate a significant amount of unlawful presence and then illegally re-enter or attempt to re-enter can face a "permanent bar," though there can be possibilities for waivers after 10 years outside the U.S.. In essence, Congress establishes the framework of U.S. immigration laws, defining illegal immigration through statutes like the INA and determining the consequences, which can include removal from the country (deportation) and, in certain circumstances, criminal prosecution leading to fines and imprisonment. It's crucial to consult with a qualified immigration attorney for specific legal advice regarding immigration matters. uscourts gov Congress gov constitution gov senate gov WHAT EVERY PERSON IN THE USA HAS TO REMEMBER IS...IF IT IS LAW...BOTH HOUSES OF CONGRESS PASSED IT...THE U.S. SUPREME COURT FOUND IT CONSTITUTIONAL...THE PRESIDENT ACCEPTED IT ...AND THE EXECUTIVE BRANCH IS OBLIGATED TO ENFORCE IT. OPINIONS ARE NOT ABLE TO CHANGE LAWS.