Truth Obfuscation

While this is true — that just being in the country undocumented is a civil violation — there is much more to it than that.

But let’s look at it a little deeper — something that most Tumblr types (and people in general) never do. The reason that it is not a criminal violation is because as a civil violation, there is no due process. No public defender is required. If someone is found to be in the country undocumented, in other words, they do not have to appear before a judge and can be escorted to the border and told to scram, no questions asked.

Following that up, if being in the country illegally were a criminal violation, often the undocumented would be better off. There would be a public defender required. They would have to see a judge at least once (technically, twice, at minimum) and there would be much different standards of evidence required of the state. They could not just be escorted to the border on little to no proof and told, “Good luck.”

So, to both sides: be careful what you wish for, especially if you don’t understand any of it.

However, entering the country illegally is a crime. Usually, a misdemeanor, though until recently very few were prosecuted for it.