@inotterwords There are really two different legal consequences for crossing the border without authorization.
First, it can be a crime (a misdemeanor for the first entry and a felony for repeat entry), and that crime can lead to jail time and/or civil monetary penalties.
Second, under immigration law, the US can impose a "civil" penalty of deportation for entry without inspection or being present without authorization which, for stupid 19th century reasons, is not legally a "punishment."
@davidkubat @Diego I bet it chafed him that Justice Jackson went against him in Mezei. So 50 years later when he was asked to weigh in on Whether Immigrants In Detention Should Get Rights, he was happy to be the one who got to official say "hell no, they can just deport themselves whenever they want."
/of course, the whole point of Mezei is that he COULDN'T, no country would take him!