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You are watching: Is being an illegal immigrant a crime

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Albany Mayor Kathy M. Sheehan claimed in a nationwide tv meeting that it's not a criminal activity for immigrants to stay in the united state without paperwork.

Sheehan, a Democrat, was protecting her city's standing as a supposed "refuge city" to Fox Information host Tucker Carlson. The city"s police authorities do not report undocumented immigrants to government authorities unless they devote a significant criminal activity.

"Just remaining in this nation without paperwork is not a criminal activity," Sheehan claimed. "The United State High court has actually claimed that."

Carlson was left befuddled.

"You simply claimed that being right here unlawfully is not unlawful? I'm not knowledgeable about that High court choice," Carlson claimed. "Exactly how is that real?"

Sheehan pointed out a court judgment.

"In Arizona v. the USA, the High court claimed just being below undocumented is not a criminal offense," she stated. "There are civil infractions and after that there are criminal infractions."

So, that's right? Sheehan or Carlson?

What's Sheehan speaking about?

The High court instance Sheehan pointed out included a 2010 obstacle to an Arizona migration regulation from the Obama management.

The regulation called for that immigrants bring files verifying their condition in Arizona. Cops were likewise advised to quit as well as look for records from any person they thought of being undocumented. Those without papers dealt with a state criminal cost.

Due to the fact that it's currently managed by Congress, the Obama management competed Arizona can not develop a state degree criminal fee for the offense.

The High court concurred with the Obama management and also overruled that area of the Arizona legislation, to name a few components.

Criminal or civil

Specialists sustained Sheehan's case by explaining exactly how the united state lawful system functions.

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Individuals that damage the regulation in the united state have actually devoted either a civil or criminal infraction relying on just how the legislation specifies it as well as exactly how district attorneys select to continue.