Immediate mass citizenship is fiscally irresponsible; however, The Third Way provides an orderly process for those who want to become citizens, as well as those who just want access to a greater income and then return home.

Mass deportation is also fiscally irresponsible. The Third Way would allow anyone who wants to work in the U.S. (whether they’re here now or not) a place, if they obtain the ten-year Special Work Permit and pay through their social service tax through their employers.

Amnesty is a broad generalization. If we grant amnesty to undocumented immigrants who commit felonies, the U.S. is supporting illegal behavior. For law-abiding undocumented immigrants there needs to be a process that will provide an efficient and fair way to deal with those who’ve committed a misdemeanor by entering the U.S. By administering the existing civil penalty of $50, the lowest fine and not the maximum fine of $250, undocumented immigrants will be given notice that they have broken the law and will be held accountable with the fine.

It has been unfair to the American Taxpayer who picks up the tab of ten billion dollars per year because we’ve failed to address this issue.

What Is Illegal Entry?

The immigration law uses the term “improper entry,” which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point. Improper entry may include any of the following:

  • Entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
  • Eluding examination or inspection by U.S. immigration officers everything from digging tunnels to hiding in the trunk of a friend’s car)
  • Attempting to enter or obtain entry to the United States by a willful false or misleading representation or the willful concealment of a material fact which might include lying on a visa application or buying a false green card or other entry documents.

Criminal Penalties 

For the first improper entry offense, the person can be fined as a criminal penalty or imprisoned for up to six months, or both. For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)

Just in case that isn’t enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as in the list below:

(1) People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.

(2) People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.

(3) People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.

(4) Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.

Someone deported before a prison sentence was complete may be incarcerated for the remainder of the sentence of imprisonment, without any reduction for parole or supervised release.

(See 8 U.S.C. Section 1326, I.N.A. Section 276.)

Entry (or attempted entry) at a place other than one designated by immigration officers carries additional civil penalties. The amount is at least $50 and not more than $250 for each such entry (or attempted entry); or twice that amount if the illegal entrant has been previously fined a civil penalty for the same violation. (See 8 U.S.C.  Section 1325, I.N.A. Section 275.)

 

References

“Is it a Crime to Enter The U.S. Illegally? – AllLaw.com.”  N.p., n.d. Web. 16 Nov. 2015

 

(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language – www.uscis.gov/laws/immigration-and-nationality-act.)