My Letter to the Editor

The Star published one of my letters to the editor yesterday.

Link: Letters to the editor | www.azstarnet.com

Several letters published recently in the Star have perpetuated the widespread misconception that violations of the immigration laws are crimes.

They are not crimes, in fact, but civil infractions. Whether an immigrant illegally crosses the border or overstays a visa, that person is not a criminal any more than you are a criminal for speeding.

Criminal law is reserved for acts that directly harm others or demonstrate moral turpitude. It is prejudicial and misleading to characterize undocumented immigration as any sort of criminal act.

Those who disagree should also consider that criminal defendants enjoy special Constitutional rights that are not afforded to civil defendants. These rights, such as the right to a jury trial, apply to all criminal defendants, regardless of their immigration status.

If undocumented immigration were criminalized, then dealing with accused violators would be a substantially more cumbersome and expensive process than it already is.

Michael David Bryan
Attorney, Tucson