Re: Unlawful presence is not a crime

On Sun, 23 Aug 2026 09:16:52 +0200, Coolidge
<[email protected]> in alt.atheism with message-id
<[email protected]>
wrote:

>"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

Unlawful presence includes entering the country without
proper documentation allowing such entry.

-- 

DSA - Demented Suicidal Absurd

National Socialist Democratic Workers Party

Every person in the US is here either  
legally or illegally. Those that are 
here illegally should be afraid.  
Be very afraid.  It does not matter 
how long you have been here.  It does 
not matter why you are here. It does not 
matter what you have done legally while you 
were here. It does not matter what any 
relative may have done while you were here. 
It only matters that you are here illegally. 
It may take a day, a week, a year, or longer 
but we will find you and we will deport you. 
Be prepared.

Deport them all.

Due process:
Q. Are you here legally?  If so, where is 
the documentation to establish that?

I support ending birthright citizenship

I support Flock cameras.

All politicians are trained to lie
and make those lies sound like 
the truth.  They start with the biggest 
lie of all: Politicians are public
servants.

Some of the Republican positions I find disgusting 
and abhorrent.
Most of the Democratic positions I find terrifying.

I support:

A Constitional Amendment establishing
the Freedom of Choice.

The elimination of public expression, 
display or support of religion or 
religious positions.

AA 966