18

ICE has a degree of authority to deport without court hearing, via an expedited process. The legal framework for such deportations are explained here, and rely on 8 USC 1225. The Secretary of DHS has authority to establish rules, and has recently done so here. The current regulations pertaining to expedited removal are at 8 CFR 253.3. There is no exemption ...


6

I am wondering if ICE has the legal authority to immediately deport illegal immigrants after they have received medical care at U.S. hospitals for COVID-19. I am referring to people who voluntarily came into U.S. hospitals to receive this medical treatment. How do you define "immediately"? ICE can certainly arrest them. Many of them will need to be placed ...


4

There is a legal concept of de minimis: the idea that some offenses, civil or criminal, are too small to be worth prosecuting. For example, a photograph of a city scene that incidentally captured part of a copyrighted billboard in one corner of the image infringes the copyright on that billboard. But if the copyright holder were to sue, it's virtually ...


2

It may very well be illegal, depending on the laws of the country. Most people have the right to enter their own country (except for practical problems, like not being able to prove you have the right) because you list your passport and/or other ID). But it may be illegal to enter outside official border crossings, for example. Or illegal to enter without ...


2

They can legally remain in the US while their Extension of Status application (I-539) is pending, as long as their application was timely-filed (filed before their status ended) and not frivolous. The date an application is filed is the date that USCIS officially receives it, which will be shown as the "received date" on the application receipt when they get ...


1

First of all, this is probably not legal, either because it is in substance an effort to avoid immigration laws, because the workers are inaccurately classified as independent contractors when they should be classified as employees, or because it amounts to money laundering. It also would be a violation of immigration laws to the extent that someone knew, or ...


1

It certainly depends on the country, but in some cases, the country's immigration authorities do not check the documents of people leaving the country, so there would be no problem. An example of such a country is the USA. In some cases one can leave by paying a fine, but these fines can be quite high. In other cases, the person might be detained and ...


1

If the demonstrators are US citizens, then no. The statute concerns only improper entry by aliens. They may be in violation of the customs reporting requirements described in the answer to the linked question.


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