Surprise: It's not a crime to live here as a so-called "illegal immigrant," the courts and federal law say. An undocumented dishwasher in Palm Bay could be summoned to court and deported, but his status alone would not warrant a visit from local police.

Nor is it a crime for an "illegal" to seek work in Central Florida or anywhere else in the United States. An undocumented maid in Titusville could not be charged for applying for a job or scrubbing bathrooms.

In striking down portions of Arizona's immigration law last week, U.S. District Judge Susan Bolton clarified some legal facts that have gone overlooked in the political storm:

# "Unlawful presence in the United States is not a federal crime, although it may make the alien removable."

# "Federal law contains no criminal sanction for working without authorization, although document fraud is a civil violation."

So much for the political argument that illegal immigrants should be treated like common criminals. Or that local police should book them into jail, just as they would thieves with outstanding warrants. Congress would have to rewrite the Immigration and Nationality Act for that to happen, the judge wrote Wednesday.

Yet, I heard the "criminals" argument again Friday at a banquet of the Tiger Bay Club in Cocoa Beach after the speaker, Attorney General and Republican gubernatorial candidate Bill McCollum, called for an Arizona-style bill. And again from readers on Sunday after I wrote, "Never trust politicians who call for rounding up a population they've never met."

"That has to be the dumbest statement I have ever heard," reader Robert Carson told me by e-mail. "I have never met a burglar or rapist or even someone who was speeding while drinking, but they should still be rounded up and jailed/punished."
Why 'illegal'?

If they're not necessarily criminals, then why do we call them "illegal"?

"Deportation or removal is not a criminal action, it's an administrative action," said Eric Enrique, an immigration attorney with offices in Rockledge and Melbourne. "Putting up a fence without a permit is 'illegal,' but it's not a crime. Building a commercial building in an area zoned residential is 'illegal,' but not a crime."

its a 2 page report. for more follow the link
http://www.floridatoday.com/article/...egal-immigrant