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For several years now, I’ve been taking issue with folks who think that illegal immigration is ipso facto a federal crime. It’s not.
In and of itself, illegal immigration is a civil matter, which means it’s ruled by civil law, not criminal law. Immigration cases are heard in front of an administrative law judge, not a criminal judge.
During the 2008 president race, Rudy Giuliani said this about illegal immigration:
“It’s not a crime. I know that’s very hard for people to understand, but it’s not a federal crime. I was U.S. attorney in the Southern district of New York. ...
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