Overstaying is a civil infraction according to current law while illegal entry is a misdemeanor. The distinction is that overstaying a visa is not a crime, so they are not "criminal illegal aliens", despite it being convenient for the administration to claim so.
Interesting to learn a bit about US law. I did not know that things like traffic violations did not count as a crime. It make some sense that crime is that which carries the risk of jail, while everything else is then a civil infraction. Since overstayed visa only can result in fines, deportation, and bans/restrictions from future visiting of the US, it would then count as a civil infraction.
Naturally, it is still illegal to break the law, even if the law do not carry the risk of jail time, so the correct name would be illegal immigration when overstaying a visa.
Is resisting deportation a crime similar to resisting arrest, which then carry the risk of jail time?
