Tornado Alley (PROG)

[newmedman]

those in custody do not have legal authority to be in this Country. Therefor, they have broken the law and have done something wrong until proven otherwise.

Is the fact of being present in the United States in violation of the immigration laws a crime?

No. The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime. While federal immigration law does criminalize some actions that may be related to undocumented presence in the United States, undocumented presence alone is not a violation of federal criminal law. Thus, many believe that the term “illegal alien,” which may suggest a criminal violation, is inaccurate or misleading.

Entering the United States without being inspected and admitted, i.e., illegal entry, is a misdemeanor or can be a felony, depending on the circumstances. 8 U.S.C. § 1325. But many undocumented immigrants do not enter the United States illegally. They enter legally but overstay, work without authorization, drop out of school or violate the conditions of their visas in some other way. Current estimates are that approximately 45% of undocumented immigrants did not enter illegally. See Pew Hispanic Center, Modes of Entry for the Unauthorized Migrant Population [May 22, 2006].

Undocumented presence in the United States is only criminally punishable if it occurs after an individual was previously formally removed from the United States and then returned without permission. 8 U.S.C. § 1326 (any individual previously “deported or removed” who “enters, attempts to enter, or is at any time found in” the United States without authorization may be punished by imprisonment up to two years). Mere undocumented presence in the United States alone, however, in the absence of a previous removal order and unauthorized reentry, is not a crime under federal law.

https://www.aclu.org/sites/default/files/field_document/FINAL_criminalizing_undocumented_immigrants_issue_brief_PUBLIC_VERSION.pdf

The Kavanaugh ruling is a whole other can of worms that has to do with 4th amendment rights and racial profiling. It has nothing to do with the incarceration of people who otherwise committed no crime.

For you to cherry pick a chart and draw conclusions from raw data is a fools errand. For instance:
The 73% of those in custody do not have legal authority to be in this Country
Where did you pull that supposed fact from? It just shows how many are being held with no criminal record and as was pointed out to you in the case law above, being in the US while not a citizen is NOT a crime in and of itself, so you fail miserably there.

The other 27% are rapists, murderers, drug dealers, human trafickers etc..etc...
Again, where did you get that number about specific crimes when the data only states that someone has a criminal record and that can cover a wide variety of offenses, not just the shit that would already have them incarcerated under US criminal law.

.I know it's a personal thing with you and brown people as you have let slip before in your posts but at least get facts straight if you're going to present them as some holier than thou law scholar.