320

Well, I’m not exactly retired! But this entire discussion seem to be directed at persons apprehended actually illegally crossing into the US without inspection. But there are distinctions. Unlawful entry is already a priorable offense with a first conviction being a misdemeanor and subsequent convictions felonies. Then comes the reality - the time and expense of district court prosecution for unlawful entry. These cases can take months, usually years to adjudicate. Following a criminal complaint or indictment, even if the person pleads guilty on the very first date before a judge or magistrate with lawful ability to accept a plea, next comes 6-8 weeks of preparing a presentence report, then sentencing, then compliance with the courts’ orders.

But there is another class of people who are merely “unlawfully present” without proof of unlawful entry. This constitutes a high percentage of so-called "illegal aliens. They include visitors, students, temporary workers with expired visas who never departed. it included those who applied for asylum, were denied, and never departed. NONE of these individuals are deemed in violation of criminal law and their cases, presumptively, go to immigration court before an administrative law judge (e.g. civil). Those cases can take 5 years or more to adjudicate in merits or masters hearings. In fact the time between hearings has increased from an average of 6 months to, now, 12-18 months (simply due to overcrowded calendars).