So her entire argument about making children subjected to Federal criminal prosecution simply by being here is not valid. They can be subjected if it is a crime of violence or a drug trafficking crime. What this amendment does is reduce the penalties for this type of immigration violation from a felony in the base bill to a misdemeanor. That is all the amendment does. And what it does do is criminalize the presence of the people here who have overstayed their visas. Now those who have entered the United States illegally. not through a port of entry and not submitting themselves to inspection by U.S. Immigration and Customs authorities commit a crime. That is a crime now. It is a Federal misdemeanor. But if you do go through inspection and do not go home when you are supposed to. then it becomes a civil ground of inadmissibility. So we are treating illegal aliens differently. You are a potential misdemeanant if convicted if you entered the United States illegally. But if you overstayed your visa and did not go home. then you do not subject yourself to criminal prosecution. The bill takes care of this anomaly. But it makes both offenses felonies.
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Immigration immigration visa illegal aliens visas