It is. Nancy Pelosi and other prominent Democrats have been lying to us. Illegal immigrants are subject to criminal penalties. While improper entry is a crime, unlawful presence is not a crime. One can be unlawfully present in the U. S. without having entered improperly, and thus without having committed a crime.
If a foreign national enters the country on a valid travel or work visa, but overstays his visa, failing to exit before the expiration date, then he is in violation of federal immigration law. But this comes under the civil code, not the criminal code. Such a person is subject to civil penalties such as deportation.
So there are two main ways for an alien to be illegal. He can be illegal in virtue of violating the criminal code or illegal in virtue of violating the civil code.
Those who oppose strict enforcement of national borders show their contempt for the rule of law and their willingness to tolerate criminal behavior, not just illegal behavior.
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