Re: Unlawful presence is not a crime

"Royce C. Lamberth" <[email protected]> wrote in
news:Uu%[email protected]: 

>  From the Supreme Court:
> 
>      As a general rule, it is not a crime for a removable alien to
>      remain in the United States.
> 
>      United States Supreme Court - Arizona v. United States
>      https://www.law.cornell.edu/supremecourt/text/11-182
> 
> 
> Unlawful presence:
> 
>      https://www.law.cornell.edu/uscode/text/8/1227
> 
> 
> It is not a crime. Improper entry is a crime, but unlawful presence is
> not. 
> 
> This is settled.

Try again.

U.S. immigration penalties for unlawful presence are triggered when a 
person departs the country after staying without authorization. The main 
penalties are a 3-year bar for over 180 days of unlawful presence, a 10-
year bar for 1 year or more, and a permanent bar for illegal re-entry 
after long violations.

ALERT: On Aug. 13, 2026, the Board of Immigration Appeals (BIA) issued a 
precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 
2026), that overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 
771 (BIA 2012). 

This decision has an immediate impact for certain aliens with valid 
Advance Parole Documents (Form I-512L) who are considering departing 
from the United States. As of Aug. 13, 2026, departing the United States 
after obtaining an Advance Parole Document is a departure for purposes 
of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and 
Nationality Act (INA). Under section 212(a)(9)(B)(i) of the INA, aliens 
who accrue more than 180 days of unlawful presence in the United States, 
depart the United States, and then again seek admission within the 
relevant 3- or 10-year statutory period, are inadmissible. Aliens 
considering a departure with an Advance Parole Document should be aware 
that they may be inadmissible under section 212(a)(9)(B)(i) of the INA 
upon their return to the United States if they have accrued more than 
180 days of unlawful presence.   

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-
and-inadmissibility