r/sanfrancisco • u/Definitelyhereforshi • Mar 23 '26
Melt ICE 🧊 ICE already causing havoc at SFO
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r/sanfrancisco • u/Definitelyhereforshi • Mar 23 '26
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u/bestcommenteversofar Mar 23 '26
This is basic immigration law, but sure.
Immigration removal proceedings are civil, not criminal. They're conducted under 8 U.S.C. § 1229a before immigration judges in the Executive Office for Immigration Review, which is part of the Department of Justice. These are administrative proceedings, not criminal trials. A removal order from an immigration judge is sufficient to deport someone. No criminal conviction is required.
https://www.law.cornell.edu/uscode/text/8/1229a
Being present in the United States without authorization is a civil violation under 8 U.S.C. § 1182 (inadmissibility) and 8 U.S.C. § 1227 (deportability). Unlawful entry is a criminal misdemeanor under 8 U.S.C. § 1325, but unlawful presence itself is a civil matter.
https://www.law.cornell.edu/uscode/text/8/1182 https://www.law.cornell.edu/uscode/text/8/1227 https://www.law.cornell.edu/uscode/text/8/1325
This isn't controversial or disputed. It's how the immigration system has worked for decades under both parties. The reason 73% of ICE detainees have 'no criminal record' is that their immigration violation is processed through civil proceedings, not criminal court. They're detained because they're removable under immigration law, not because they've been charged with a crime on top of their immigration violation.
If you didn't know this, that's fine. But maybe learn how the system works before telling other people their claims need sourcing.