Thursday, October 3

Court rules that the first illegal entry to the US can be judged as a crime


Unauthorized entry of foreigners to the US is punishable by up to 180 days in federal jail for the first time

Tribunal falla que la primera entrada ilegal a EEUU puede ser juzgada como delito
Border Patrol agents detain immigrants at the border.

Photo: US Custom and Borders Protection / Courtesy

EFE

For: EFE EFE

The Ninth Circuit Court of Appeals determined that the rights of a Mexican couple were not violated when they were accused and prosecuted for committing a crime in court, instead of only receiving a fine for entering illegally

The California-based court ruled this Monday against Eduviges Ayala Bello and Walter Velez Gonzáles, . by Customs and Border Protection (CBP) agents, foot.

The federal government accused Ayala and Vélez of trying to enter the United States illegally, and took them in front of a court to face the process.

This was the first time that Mexicans had committed this foul. Although first-time trespassing is defined as a misdemeanor and can only be settled by paying a fine, the government accused Ayala and Vélez of committing a crime.

The defendants asked the court to dismiss the charges arguing that the government should have only issued a fine as it is done in other federal misdemeanors , and that are processed through the Central Violation Office (CVB).

In their appeal request, Ayala and Vélez argued that “the government violated their right to equal protection by prosecuting them in the normal criminal record,” according to the text of the motion.

A District court in California dismissed the petition of the Mexicans made in 2016 and this Monday the panel of the Ninth Circuit upheld the lower court ruling.

“When individuals enter the United States illegally, it is not irrational for the government to conclude that stopping them is in the public interest ”, explained the Ninth Circuit in its ruling.

Add that “the liberation illegal, the participants once captured would only encourage more border crossings ”and that it is also“ much more difficult for the government to track the illegal entrants that are released. ”

(1) . Unauthorized entry of foreigners into the US is punishable by up to 80 days in federal jail for the first sentence, and up to two years for subsequent convictions.

Unauthorized reentry is punishable by sentences of two years or until years in federal prison, if the person has prior criminal convictions.

A group of more of 50 Immigrant advocacy organizations sent a letter to President Joe Biden last February urging him, among other things, to “suspend prosecutions for unauthorized entry and re-entry,” and the case of Ayala and Velez was mentioned in this request.