Earlier quoted context omitted.
Unlawful presence (being “an illegal”) is a civil matter, and not a crime. US legal system seems to disagree with you. http://www.alllaw.com/articles/nolo/us-immigration/crime-ent... https://fas.org/sgp/crs/misc/RL33351.pdf It is true that some of the illegal immigrants (e.g. those overstaying visas) may not be guilty of criminal infractions, but most of the illegal border crossers are. As you can see, this question…
> US legal system seems to disagree with you. You're wrong. The use of the term "criminalization" here is correct. The Supreme Court has stated multiple times that being on US soil without proper documentation is not a crime [1]. You then deliberately try to conflate this with border crossing but note that irregular border crossing is also not a crime when individuals are seeking asylum. The US law here is actually q…
Being is not. Crossing the border not via border control is.
> but international treaties (to which the US is party) make it quite clear that criminal prosecution of asylum seekers and refugees is both illegal and inhumane
We are not discussing what is humane according to some international treaty, we are discussing what is the US law and whether ICE has any power to change it. US law is illegal border crossing is a crime and ICE must enforce it.
> ICE has a lot of leeway in how it carries out its mostly administrative duties
It does. Changing the law about what is criminal and what is not is not part of it. It can, if directed by the head of the executive, refuse to uphold the law and prosecute behavior which is criminal by law, but that won't change the fact it is criminal - it'd be just criminal behavior that is not prosecuted. They way to make it not criminal is to change the law that makes it criminal. And, also, they can not just decide something is criminal and start prosecuting it without the law already having it as a crime - it's just not in their powers.
> Contrary to popular belief ICE are not police
Whose popular belief? ICE is a separate law enforcement agency, just as FBI, DEA, CBP or Secret Service are. The fact that they are not police does not change their powers as an executive agency.
> There's a big difference, for example, whether ICE chooses to pre-emptively detain individuals awaiting processing in Immigration Court or it lets people show up on their own.
There is, but it doesn't change anything about criminality.