This article is sufficiently important that I have reprinted it in full from PoliceOne.com:

By Thane Gallagher, U.S. Border Patrol

There really is nothing more annoying than being told that a law that you spend most of your time enforcing is merely a ‘civil infraction.’ Most media outlets use this term to describe an illegal alien’s presence, even those considered to be all about “no-spin” such as Bill O’Reilly. Not that I’m that surprised. You’d expect that from media types, however, it really puts a bad taste in my mouth when I hear elected officials using the same rhetoric. But the sobering reality is that many Congressional officials, despite their high priced Ivy League educations, don’t even know what the law actually says.

Well, what does the law actually say? Under Title 8, Section 1325 of the United States Code, “Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers,…be fined under title 18 or imprisoned not more than six months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than twovil infraction’ doesn’t quite describe this particular section of law. Sure, a suspect has the option of paying a civil penalty depending on a judge’s discretion, but clearly a jail sentence describes a purely criminal penalty.

Now, I’ve been in the law enforcement business a long time. Does it seem silly to anyone that I’ve been issued a sidearm, TASER, baton, handcuffs, and radio, given access to multi-billion dollar information systems, infrastructure, fingerprint technology and further, allowed to use very fast, very powerful patrol sedans and 4x4s to detect, apprehend and yes, sometimes chase down those people seeking to break the laws of this great nation, all for just a ‘civil infraction’?

The crime of “Entry Without Inspection” (or EWI, pronounced “ee-wee”), is a Misdemeanor for a first time offender. No big deal, but certainly not a ‘civil’ matter. By that definition, should DUI be considered a ‘civil infraction’? However, that same crime becomes a Felony once that suspect has been formally deported and removed from the United States, only to return.

Under Title 8, Section 1326 of the United States Code, “any alien who — (1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States,… shall be fined under title 18, or imprisoned not more than 2 years, or both. For certain classes of aliens, convicted of other felony crimes, these aliens shall be fined under title 18, imprisoned not more than 10 years, or both.”

Yikes. I’ve personally arrested and been responsible for prosecuting hundreds of aliens under this particular statute and they’ve received prison sentences upwards of eight years, to be served in a Federal Penitentiary.

Again, what about any of that resembles a ‘civil infraction’?

In future writings, I’ll explain why then a Misdemeanor and/or a Felony crime is often handled through Administrative channels (a.k.a. Deportation). But let’s not make a critical mistake and view a system that is, by design, similar to that of ‘diversion’ for narcotics users, as one that relegates a Misdemeanor or a Felony crime to that of a ‘civil infraction.’

And what does this all mean? Well, like any law enforcement issue, it requires a little extra digging and research to see the fine print. Illegal immigrants, whether you encounter one on a street corner, vehicle stop, domestic call, shooting call, coffee shop, supermarket, hospital, etc., are not easily classified as merely committing a ‘civil infraction’ and in many instances, they can be considered a Felon just for their presence on U.S. soil.

For Border Patrol Agents, the act of trespass will either be a Misdemeanor or a Felony. But don’t believe those that seek to minimize these crimes as merely ‘civil’ because those brothers and sisters of mine that have died in the line of duty would beg to differ.

“Civil” indeed?

Please remember this when you hear our ignorant politicians speaking about illegal immigration.