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Immigration Offense + Laws, Charges & Statute of Limitations

June 25, 2020 Federal Criminal Attorneys
Immigration Offense + Laws, Charges & Statute of Limitations
Immigration laws vary from country to country. The people of each state reserve the right to determine who gets to move there and what conditions they must meet in order to become a legal resident. Like every other nation, Americans have and enforce immigration laws. Given the fact that the United States is a large and complicated place with many state and federal laws, immigration laws can be extremely complicated and confusing. American immigration laws have changed over time and are likely to continue to change in any given period. Anyone who is involved with this issue in some way such as someone attempting to immigrate or someone who works with potential immigrants should be aware of these laws. People who violate such laws while holding citizenship from another country can be sent to prison and then deported back to their country of origin. Americans who assist people in violation of American immigration laws may face criminal charges.

Since 9-11

While immigration laws have changed over time, the aftermath of 9-11 led to a generally broad overhaul of these laws. The American government allows thousands of people to immigrate here legally. However, those who come here illegally in violation of those laws may granted very few options to stay legally. Many people who are here illegally will not face any charges at all even if they encounter a law enforcement official. Most people who come to the United States illegally are in danger of deportation if they commit an additional crime. For example, someone who is here illegally and drives under the influence may not only be subject to penalties for driving drunk. They can also face additional penalties such as the possibility of deportation back to their country of origin.

It is important for all those here illegally to be aware that they have certain rights even if they in violation of American immigration laws. There are rights that are granted to all people in the country. These are rights such as the right of access to bail if they are being held in jail. They also include rights such as the right to have a trial that is both speedy and open to public view. People in the United States illegally are also allowed the right to avoid being tried twice for the same crime as well as the right to have access to their own form of legal representation.

Extremely Complicated

Laws governing immigration are often quite complicated. However, certain general statements can be made that people in the country illegally and those who may have helped them should know about. People are considered in violation of American immigration laws if they have eluded examination by those charged with enforcing immigration laws. Someone who enters the United States under false pretenses can also be charged with immigration violations. For example, if someone has a criminal criminal record in another country and fails to disclose this before entering, they can face the possibility of jail time and deportation. There are designated places to enter the country. If someone enters at another point, they can be held and then deported.

Many types of penalties can apply to people charged with violating American immigration statues. People who violate American immigration laws can face up to two years in prison. They can also be deported. In many cases, if the potential immigration agrees to deportation, they can avoid prison time.

However, if someone has committed an additional criminal act such as vehicular manslaughter, they may be forced to serve out a prison term before they can agree to be deported. People who have a prior criminal record have fewer option than someone who has a single one time offense. Judges can take many factors into account before deciding on a penalty. This may include existing family ties, integration into the community at large as well as the kind of conditions that exist in the person’s country of origin. Unlike some other crimes, immigration offenses have no a statue of limitations. This means that if someone is caught with a violation, even if they have been in the United States for twenty years, they can still be deported.

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