It’s quite complicated as to whether one is in trouble – or not in trouble, whether one is violating a criminal statute, a civil code, a rule or regulation – and whether it’s a misdemeanor or a felony or nothing at all: Is an illegal immigrant a criminal? We answer your questions – Deseret News
De Facto Open Borders
Today we sort of have a de facto “open borders” policy. The majority of “undocumented immigrants” enter the U.S. legally, on a valid visa, often a tourist or education visa. Then overstay the expiration date and become an “illegal alien” (that’s the term in Federal law).
In 2025, ICE was tasked with removing those in the U.S. without legal authorization. Many, many, many politicians, journalists and protestors contend that no one should be deported. The effect, then, is that the U.S. has a de facto open borders policy.
It is very easy for most people to enter the U.S. on a valid visa and then overstay the visa. Per the general arguments made, if someone is in the U.S. illegally, as long as they have been here a while, or have a job, or have a family – then they should be granted de facto residency.
My state and many others grant Oregon Driver’s Licenses and offer Medicaid (basically free health insurance), attendance at public schools and to permit engagement in nearly all activities. The only things they are not permitted to do are get a US passport or vote in elections although some local jurisdictions allow non-citizens to vote in local elections (notably school districts as children of undocumented immigrants may be enrolled in the schools).
Consequently, if we cannot deport those in the country illegally, then we have de facto open borders.
What is the solution to this?
I have no idea – just pointing out that our present system is effectively an open borders policy.
