Deported Illegals are NOT barred from return

Another post at GBK claims that illegals who are deported are not allowed to return:

If you question whether what Gill proposes is amnesty, consider this. Normally a person who commits a crime in the US and is deported cannot return. That includes those who overstay their visas and commit other immigration crimes. That is because in America there is no amnesty for crimes. Illegal immigration is a crime.

We'll get to what Gill ACTUALLY proposed shortly. But in fact, U.S. law has a wide range of application to the question of whether a person who has been deported for being here illegally can request legal status at a later time. For some deportations, immediate application is allowed. For others, there are 3-year and 10-year waiting periods, after which the deported illegal can apply for legal entry.

There ARE cases that call for permanent exclusion, but they are not the majority.

Here is the official government form used to request entry into the United States after you have been deported. I think that should settle any question the reader may have about whether there is a legal way to do so. The form even gives conditions under which you don't even have to file this application before you apply for legal status:

Section I: Persons Permitted to Reapply for Admission Without Filing This Application

1. Persons who were excluded from admission and removed or deported more than one year ago.
2. Persons who voluntarily departed from the United States without expense to the United States Government and without an order of removal or deportation having been entered.
3. Persons who have been outside the United States for five successive years following their last removal or deportation

As you can see, for people who left voluntarily without going through formal deportation, they can legally apply immediately for re-entry, without even filling out a request for re-entry.

In addition, the post mis-states what Gill has proposed:

Yet Gill in the 7/19/07 Potomac News proposed that the US forgive illegal aliens their past crimes and allow them to immigrate to the US again.

That is called amnesty. Gill proposes that the illegal aliens prior crime be forgiven and that the illegal alien be given a chance to immigrate a second time.

What Gill SAID was quite different: "I absolutely believe this helps the illegal immigrants," Gill said. "They'll go away and come back how everybody else is supposed to do - legally."

First, Gill was discussing illegals who leave voluntarily, without deportation proceedings. Second, he wasn't proposing a change to the law regarding re-entry, just stating what current law allows. Third, he believes this helps illegals because it encourages them to do what is right, and for those who qualify will put them in the country legally, rather than being illegal.

The post questions whether Gill's proposal will do any good:

Gill claims that the problem can be solved if the current misdemeanor Virginia statute banning the hiring of illegal aliens becomes a felony. Gill should explain why if the law is not enforced now it will be enforced once hiring illegals becomes a felony.

First, enforcement of our laws is prioritized to those for more serious offenses. A felony by definition will be investigated and treated more seriously than a misdemeanor. Further, the act of making this a felony will demonstrate the legislature's commitment to having these laws enforced, and make that enforcement more worthwhile by providing real punishment for the crimes.

But more importantly, the existing laws ARE enforced, just in a spotty manner. The problem is the penalties are so small that employers feel the risk is worth the reward. By increasing penalties, you change that equation, and many more employers will decide the punishment is severe enough that it's not worth the risk, even if that risk is low.

Having a felony conviction on your record is a much more serious thing than a misdemeanor.