Actually, it is a difference.
If being IN the country was a criminal act, then each minute, the illegal would be committing another crime. Or substitute each hour, or each day — things that are illegal WHILE being done subject one to continual and possibly repeated arrests for multiple violations.
In a sense, it’s like the illegal committed a single illegal crime, and is now a fugitive. It’s not that each day they wake up and commit another “crime” of being here.
Further, I maintain everything the illegal alien does while in this country is tainted by the original ongoing crime. That leads to my attitude that the illegal alien should not only be punished for his crime, but that he should receive no benefit from his crime, i.e. confiscate all property, wealth, etc. generated while in the United States.
Law enforcement and the courts do not appear to share my view on this. So either I am wrong (happens a lot), or our justice system is out of whack (also happens a lot).
Either way, am enjoying this thread immensely!
Law is not your area of expertise.
Substitute being in possession of a stolen vehicle with being in the country and you should see how absurd that argument is.
Being in possession of a stolen item, or even “conspiring to commit a criminal act” does not need to attach continuous liability for every denomination of time.
The initial instance of said act is both encompassing in the Law, and compelling as to prima facia evidence.
I didn’t mean that to sound insulting.
Sorry if it did.