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So?

And?

No one is being arrested and sent to jail for "unlawful presence", but their unlawful presence is BECAUSE of their criminal 
crossing of our borders IS what is getting them deported.

They're also going to jail for criminal offenses BEYOND their borders crossings.

Why make the stupid argument that "Unlawful Presence is not a crime"?

Because he thinks this negates the REAL crimes these illegal border crossers have committed.

So fucking WHAT if "unlawful presence" is not a "crime"? They've committed a crime by crossing our borders in other places other 
than ports of entry.

That, in and of itself, is grounds for deportation, and if deportation is impossible to complete at the time, or there are MANY who 
are being deported, it's more prudent to have them held, temporarily, if needed.

Whah whah whah!

Rudy's just mad that the Democrat Party is losing voters.

=====

There are very specific and significant laws in the United States that pertain to "unlawful presence", primarily within the realm 
of immigration law. These laws define what constitutes unlawful presence and outline the severe consequences for individuals who 
accrue it.

The primary legal framework for "unlawful presence" is found in the Immigration and Nationality Act (INA), particularly Section 212
(a)(9)(B).

Here's a breakdown of what "unlawful presence" means and its legal implications:

Definition of Unlawful Presence

According to the INA, an individual is considered to be "unlawfully present" in the U.S. if they are:

 Present without being admitted or paroled: This generally applies to individuals who entered the U.S. without inspection (e.g., 
crossing a border without authorization). Unlawful presence begins on the day they entered.

 Present after the expiration of the period of stay authorized by the Secretary of Homeland Security: This applies to individuals 
who were lawfully admitted to the U.S. (e.g., with a visa) but remained in the country beyond the date their authorized stay 
expired (typically noted on their Form I-94 Arrival/Departure Record). Unlawful presence begins the day after their authorized 
period of stay ends.

Important Distinction: "Unlawful presence" is distinct from merely being "out of status." You can be out of status (e.g., violating 
visa terms like working without authorization) without immediately accruing unlawful presence, especially if you have a pending 
application for an immigration benefit. However, once you start accruing unlawful presence, you are, by definition, also out of 
status.

Legal Consequences: The "Bars to Re-entry"

The most significant legal consequences of accruing unlawful presence are the "bars to re-entry, " which prevent individuals from 
returning to the U.S. for a certain period if they depart after accruing unlawful presence. These bars were established by the 
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

 The 3-Year Bar: If an individual is unlawfully present in the U.S. for a continuous period of more than 180 days but less than one 
year, and then departs the U.S. (voluntarily or through removal proceedings), they are generally barred from re-entering the U.S. 
for three years from the date of their departure.

 The 10-Year Bar: If an individual is unlawfully present in the U.S. for a continuous period of one year or more, and then departs 
the U.S. (voluntarily or through removal proceedings), they are generally barred from re-entering the U.S. for ten years from the 
date of their departure.

 The Permanent Bar (INA Section 212(a)(9)(C)): This is the most severe consequence. If an individual has been unlawfully present in 
the U.S. for an aggregate period of more than one year (meaning all periods of unlawful presence are added together, even if not 
continuous) AND then re-enters or attempts to re-enter the U.S. without being admitted or paroled, they become permanently 
inadmissible. This bar is generally not waivable unless the individual has been outside the U.S. for at least 10 years and obtains 
"consent to reapply for admission."

Key Points about the Bars:

 Triggered by Departure: The 3-year and 10-year bars are only triggered when the individual actually departs the United States 
after accruing the specified amount of unlawful presence. If they remain in the U.S., the bar does not apply unless they leave.

 Age Exemption: Time spent in unlawful presence while an individual is under 18 years of age generally does not count towards the 
3-year or 10-year bars.

 Waivers: In certain circumstances, individuals may be eligible to apply for a waiver of inadmissibility (e.g., Form I-601A, 
Provisional Unlawful Presence Waiver) if they can demonstrate "extreme hardship" to a qualifying U.S. citizen or lawful permanent 
resident spouse or parent.

These laws are complex, and their application can vary depending on individual circumstances, making it crucial for anyone facing 
issues related to unlawful presence to seek legal advice from an experienced immigration attorney.