When a person enters the U.S. without proper authorization, they commit the federal offense of illegal entry, a misdemeanor under 8 U.S.C. § 1325. This is a low-level criminal offense punishable by a fine, up to six months in prison, or both for a first offense. This offense is separate from the act of unlawful presence, which refers to remaining in the country after a lawful admission has expired, and is not a crime in itself unless it follows a prior removal order.
So the immigrant committed a misdemeanor when entering the US without papers. Why not a statute of limitations? If they don't commit other crimes, then their entry should eventually not be able to be prosecuted. Note that "unlawful presence" ISN'T a crime.
So under what legal notion are we permitted to go after people that have been here past the statute of limitations? This should be discussed and litigated. Maybe those that have been here for a certain period of time should be treated like a thief who didn't get caught within the statutory period of legal exposure. Their legal exposure doesn't persist indefinitely.
Hmmmm.