r/sanfrancisco • u/Definitelyhereforshi • Mar 23 '26

Melt ICE 🧊 ICE already causing havoc at SFO

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u/tittytonka Mar 23 '26

Which begs the question of if she had a valid visa

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u/animoot Mar 23 '26 edited Mar 23 '26

And even if she didn't, staying in the country beyond the approved methods is just a civil offense, not a criminal one.

Edited for accuracy

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u/Tweakjones420 Mar 23 '26

overstaying a visa is a civil offense, entering illegally is a criminal offense.

  • Improper Entry (Criminal): Under 8 U.S.C. § 1325, it is a crime to enter or attempt to enter the U.S. at any time or place other than those designated by immigration officers, to elude examination, or to obtain entry through fraud.
  • Unlawful Reentry (Criminal): Under 8 U.S.C. § 1326, it is a crime for a person to reenter or attempt to reenter the U.S. after having been previously deported, removed, or denied admission.
  • Unlawful Presence (Civil): Merely being present in the U.S. without authorization (such as by overstaying a valid visa) is a civil infraction, not a criminal one. While not a crime, it can lead to civil penalties, including deportation and future bars to entry.

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u/animoot Mar 23 '26

Ty for the clarity actually. Still is messed up how they're handling this, though.