Quote:
Originally Posted by spence
Primarily because being on US soil illegally isn't a crime, it's a civil violation.
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let's just call it trespassing
Trespassing
You commit a criminal trespass whenever you enter onto property which you know you do not have the right to enter, or remain on property after learning you do not have the right to be there. Trespassing can occur on both private and public property, and you do not have to receive a verbal warning that the property is off limits. Even if you enter a structure or property with the owner's permission, you can still commit trespassing if the owner later orders you to leave but you choose to remain.
Penalties
A person convicted of criminal trespass faces a range of penalties. In most criminal trespass situations courts do not impose significant jail penalties, fines, or lengthy probation periods, though the potential penalties differ among states, depending on the circumstances of the case and the laws in your state, a trespassing conviction can lead to a significant jail sentence and other penalties.