What laws are on the books regarding illegal immigration?
A. The Immigration and Nationality Act (INA) defines the nation’s immigration laws, which include both criminal and civil enforcement measures. The INA distinguishes between illegal entry, which is the act of entering the country unlawfully, and illegal presence, which is the act of staying in the country unlawfully. Illegal entry is a criminal violation that can be enforced by local law enforcement, but only if an officer actually witnesses the illegal entry take place. Illegal presence is a civil violation currently enforced at the federal level.
