Reply #48: OK

[Marie26]

You haven't quoted any statute that makes "undocumented presence" a crime because you can't. Instead you've made vague reference to some immigration statutes in the hopes that'll give some cover, w/o ever quoting the specific provisions. I've done that below:


INA: ACT 211- DOCUMENTARY REQUIREMENTS

Sec. 211. <8 U.S.C. 1181>


(a) Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.


(b) Notwithstanding the provisions of section 212(a)(7)(A) of this Act in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 101(a)(27)(A) , who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.


(c) The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 207.



--- This regulates who INS can admit to the U.S. NOTHING here makes it a crime to be present in the U.S. w/o documents.


Title 8, Chapter 12 is the entire "immigration & nationality" section. It has 4 subchapters & over 100 provisions. You can't just refer to an entire code as if it proves something - which provision in that code specifically makes it illegal to reside in the U.S. w/o documents?