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Deputy AG Todd Blanche Faces Legal Pushback After Saying Unauthorized Presence Is a Crime

Legal analysts point to a Supreme Court ruling stating that mere unauthorized presence is generally a civil, not criminal, matter.

Overview

  • In an ABC interview, Todd Blanche responded to a statistic about detainees lacking criminal records by saying, "the fact that they're here illegally is a crime."
  • George Stephanopoulos noted during the exchange that about 70% of those detained do not have criminal records.
  • Immigration experts cited Arizona v. United States, which says, "as a general rule, it is not a crime for a removable alien to be present in the United States."
  • Aaron Reichlin-Melnick said Blanche was "getting the law wrong on TV," referencing the Supreme Court precedent to counter the claim.
  • Commentators, including former prosecutor Ron Filipkowski, used the exchange to criticize rhetoric that labels broad groups of migrants as criminals.