A Distinction Between Aliens

Few people realize that there exists a distinction in immigration law between different types of “illegal aliens”. The media tends to lump all aliens together. Not all aliens are created—or defined equally in the quagmire known as the U.S. immigration judicial system.

As a result of the contemporary wave of xenophobia all “illegal” aliens are criminalized-- even those immigrants who overstay their VISA’s which is legally considered a civil violation. James Sensenbrenner, a U.S. Representative explains in the following quote:

"...under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility...

This distinction really doesn’t make a big difference because both violations are treated the same way in the courts and are likely to end in deportation. The only observable difference is that criminal violations can result in jail time-- which translates into wasteful spending of millions of taxpayer dollars.

Additionally, trials for immigrants, who commit both criminal and civil violations, follow the same scenario. Whether the immigrant has committed a civil or criminal violation they must come before an immigration judge in a separate court system run by the Department of Justice.

The immigration judge conducts the entire trial. He is judge, jury and executioner. The only other people within the room are the accused immigrant, and-- if the immigrant can afford one: an immigration lawyer. The immigration judge asks questions, determines whether the alien qualifies for some form of relief or asylum status. Otherwise, the deportation mandate is normally reinstated or is handed out.

There is no jury-- nor is legal counsel available for the immigrant unless the immigrant can afford one. Consequently, many immigrants are unable to afford legal counsel and are compelled to defend themselves. As imagined, this can be nearly impossible for an immigrant who doesn’t speak English or doesn’t understand American culture.

Additionally, immigration law is very complicated and changes constantly. Most Americans find it difficult navigating in the tumultuous seas of immigration law, imagine how impossible it would be for an immigrant to stay afloat?

Proceedings in immigration court are distinctly different than those conducted in criminal courts. Whereas there are certain safeguards put in place to protect the accused, no such protections are extended to immigrants. Basically, once the accused is charged with a criminal or civil violation of immigration law, it is up to the accused to prove they are innocent.

The idea of “innocent until proven guilty” does not apply in immigration courts. Furthermore, in the past, immigration judges were allowed some leniency in handing out deportation mandates, depending on individual mitigating circumstances. This is no longer true. Judges are now compelled by law to hand out deportations no matter what the circumstances are--unless the alien qualifies for some sort of relief. The granting of relief and the approval of asylum status is rarely meted out.

There has been a movement within conservative groups to make overstay a criminal violation as well. The following excerpt, taken from Deseret News in Utah on 12/30/2005 explains further:

"Right now, illegal aliens are in violation of immigration regulations. Freeway speedsters are bigger scofflaws. But to jack unlawful residency violations up to felonies shows not only callousness, but a lack of imagination on the part of lawmakers. It also displays a complete lack of understanding of the havoc the move will create. If the House has its way, when the student visa of a father of four from India expires, when a tourist from England overstays her welcome or a contracted worker from Colombia doesn't get his papers renewed on time, they become 'desperadoes' -- desperate criminals on a par with the thugs who rob liquor stores at gunpoint. Please. The only desperate souls here are the lawmakers who choose to throw good people in the clink and throw up their hands because they are bankrupt of ideas."

Making overstay a criminal violation poses many problems for lawmakers, not the least of which is determining where to house a substantial influx of more immigrant “criminals”. Maybe we should just reopen Alcatraz for all the immigrants who have suddenly been rendered “dangerous criminals” of the highest order.

It will be interesting to observe how these lawmakers are going to convince the American public to funnel millions of dollars for the jailing of these benign violators of immigration law.


Maybe a more creative solution is appropriate. Perhaps, we should just kick all the rapists, murderers and pedophiles out of our prisons and replace them with the dangerous, degenerate and blood thirsty throng known as “illegal aliens”. tsk tsk...