I kind of think you're wrong. Here's why.
The funny thing is that to make laws, a government has to have authority over those people targeted by the law. America can't tell Mexican citizens what to do, for example. America can only tell Americans and visitors to the United States what to do. This is the funny thing about immigration laws: they don't apply to anyone until they've been broken. The crime of the illegal immigrant is that he is under American authority. This is peculiar.
Should illegal immigrants be imprisoned? I don't think so, and I don't think most people think so. The best course of action seems to be to just send them home. This is hardly the way we treat criminals here in America.
I don't have a strong opinion on the immigration debate, honestly. What does concern me is the sort of amorphous legal status of an illegal immigrant, and what this suggests about rule of law in general.
This is an interesting premise, and I am inclined to agree with it if we define a criminal as someone who is guilty of a punishable offence.
As you said, american law applies to both citizens AND visitors. And illegal immigrant is someone I would classify as a visitor.
An immigrant becomes an illegal immigrant if:
1. He enters the country without applying for permission to do so. (Breaching and entering, trespassing etc.)
2. Fails to apply for a renewal of his visa.
3. Is denied renewal of his visa.
(Of course, in count 2 and 3 he won't be an illegal immigrant until he stays beyond the allowed limit.)
However, if the 'punishment' for this is to be expelled until such a time as he/she can renew or obtain their visa, it doesn't count as exile, and it's not extradition, since they're not going to be charged when they return to their native country. Expulsion?
According to
wikipedia; 'Entering the United States illegally is a criminal and civil offense.'
But this would only count for one out of the three types of illegal immigration I mentioned.
From what I understood of the article, visa overstay would be a civil offence. (Failure to leave within the designated time frame.)