Posted on 07/27/2007 10:43:02 AM PDT by dennisw
Since 1929, illegal entry into the United States has been a federal crime, a misdemeanor.
The penalty for a first offense is up to six months in jail or prison and/or a fine of $50 to $250. But the charge is rarely used, even when people are caught at the border, according to a Congressional Research Service report on May 3. Most are deported or allowed to leave the U.S. voluntarily to avoid overwhelming courts and detention centers, the report said.
Applying the misdemeanor offense in the interior of the U.S. is even rarer, the report said. The most common charge against those caught without authorization in the U.S. is "unlawful presence," a civil offense. The penalty is removal, and an immigrant can be detained in the meantime.
The report said illegal entry is difficult to prosecute in the interior because it must be proved, not just inferred, that the person entered illegally. Overstaying a visa is also a civil offense, which can be grounds for removal or denial of entry back into the U.S.
The most serious charge is illegal re-entry — returning to the U.S. after being deported. The penalty is as much as 20 years in prison for someone who also has a serious criminal conviction.
(Excerpt) Read more at rockymountainnews.com ...
Laws? We don’t need no stinkin laws..
This law wasn’t that useful because the illegal entry had to be witnessed or otherwise proved.
Now, I wonder why we could have the equivalent of red light cameras - those pictures count as proof you went through the light, maybe it would work for proof of crossing the border.
And?
/s
This law wasn’t that useful because the illegal entry had to be witnessed or otherwise proved.
____________________________
If prosecutors made the effort I’m sure many illegals would admit to when and where they entered as part of a plea bargain on a prosecution for ID theft etc
The missing piece is a Federal government that would actually prosecute, even after a confession.
Hmmmmmmmmmmmmmm
In Nashville an illegal alien had been deported 14 times, 3 times forcefully the other 11 times “voluntarily”
Although he had at least four DUIs, Julio Villasana drove drunk again and and killed Charlie Derrington, a local man...
He just got 25 years last week...after 30% or 7 1/2 years he will bew up for parole...
Why was he not charged with a FELONY the 2nd time around?
Pathetic ain't it?
Reentry after deportation is definitly a felony yet no one is ever prosecuted for this
LLEGAL ALIEN WITH PRIOR FELONY CONVICTION
SENTENCED TO 72 MONTHS IN PRISON
TUCSON, Ariz. – Francisco Lujan-Carpio, of Chihuahua, Mexico, was sentenced here on
June 27, 2006, to 72 months in prison by U.S. District Judge David C. Bury. Lujan-Carpio had
pleaded guilty on April 17, 2006 to illegal re-entry after deportation in violation of Title 8, U.S.
Code, Section 1326(b)(2).
Lujan-Carpio pleaded guilty to illegally re-entering the U.S. near Naco, AZ, after a prior
deportation from the U.S. He was arrested on the Fort Huachuca military base in Sierra Vista, AZ, on
November 1, 2005. Lujan-Carpio has numerous previous convictions, including a prior conviction
for illegal re-entry after deportation in January 2005 in Sacramento, CA. for which he received nine
months custody. Lujan-Carpio re-entered the U.S. on this occasion only nine (9) days after he had
been deported after serving that sentence. Lujan-Carpio again faces deportation after completing his
72-month sentence.
The investigation in this case was conducted by U.S. Border Patrol. The prosecution was
handled by the U.S. Attorney’s Office, District of Arizona, Tucson, Ariz.
CASE NUMBER: CR-05-2222-TUC-DCB
RELEASE NUMBER: 2006-113(Lujan-Carpio)
Seems pretty easy to me. The law states that they get six months in jail. Just put them in jail and don’t jam up our courts. Hell, we could put them in jail for six months and make them wait for a court trial. Who says we need to rush the thing?
The federal government only goes out of its way to prosecute Border Patrol agents via testimony of felonious illegals.
Although he had at least four DUIs, Julio Villasana drove drunk again and and killed Charlie Derrington, a local man...
The famous mandolin craftsman who revived Gibson guitar's mandolin division
He just got 25 years last week...after 30% or 7 1/2 years he will bew up for parole...
Why was he not charged with a FELONY the 2nd time around?
He should have been. Prolly the prosecutors wanted to ease up on him, also not establish a local precedent for slamming illegals with felonies when reentering after deportation
Actually it’s because under 8 USC 1325 the alien must be charged in the federal district where the crime occurred (i.e. along the border). Nobody is going to bother with extradition for a misdemeanor.
What’s your knowledge of illegals being prosecuted for felonies when they return after being deported? Thanks.
NOBODY WANTS TO ENFORCE THE LAWS WE ALREADY HAVE, SO WHY BOTHER.
SAD.
Since there are millions of them, US Attorneys Offices typically set up prosecution guidelines. They differ from district to district, when I worked in Central California they required that the alien had to have been convicted of two “serious” felonies before they would prosecute for 8 USC 1326 (reentry). I did about 60 in one year.
Its by far the easiest crime to prosecute, the only defense if to either convince to court that they are really a US citizen or that they are not actually here (good luck with that).
The penalties are quite stiff which is why some 80% of all federal prisoners are illegal aliens in for immigration offences most of which are re-entries after deportation. Make no mistake these are dangerous people who have all been previously convicted of serious crimes.
Terms used in human-smuggling business
Jul. 23, 2006 12:00 AM
Terms used in human-smuggling business:
Pollo: An undocumented immigrant, usually in the control of smugglers.
Pollero: A smuggler who moves undocumented immigrants across the Mexican border.
Coyote: A human smuggler, also known as pollero.
Drop house: a house, apartment, motel room or other location used to temporarily hold undocumented immigrants while coyotes obtain smuggling fees and arrange travel to final destinations. Also known as a “stash house” or “safe house.’’
Load vehicle: A vehicle used to haul undocumented immigrants.
La migra: Immigration officers, especially Border Patrol Agents, also known as “Verde” because of their green uniforms.
Bajadores: Bandits who steal undocumented immigrants from smuggling organizations so that they can collect the ransom.
Angel Rascon-Rubio, an agent with the Bureau of Immigration and Customs Enforcement, explained the terms pollo and coyote in court testimony:
Pollo: “It means a little chicken{ellipsis} They’re skittish barnyard animals that are afraid of the very shadows that are near to them.’’
Coyote: “It is the animal that we all are familiar with in the Southwest, and that’s a predator.
The Franco Alien Smuggling Organization (FASO)
Human-smuggling rings vary in size, structure and style, but typically employ specialists to move immigrants across the border to Phoenix, and then on to final destinations.
This diagram is based on a coyote ring known as the Franco Alien Smuggling Organization, or FASO, of which an estimated 80 members have been prosecuted since 2003. Salaries vary, so pay amounts below are for illustrative purposes. Individual details are drawn from court records and investigative reports.
Bosses:
Duties: Oversee the immigrant shipments and financial dealings, including payment of those within the smuggling network.
Pay: Net profits.
Example: Identity of the FASO boss, thought to be in Mexico, is unconfirmed.
Drop house managers: Rent and manage buildings used to store immigrants in Phoenix until fees are paid; oversee pollos until they are transported to destinations; work with corrupt businesses to obtain fraudulent IDs, launder money and arrange transportation.
Pay: $100 to $200 per immigrant.
Examples: Julieta Beltran-Franco, 47, and her son, Rodrigo Plaza-Franco, 25. Julieta, known as “the lady in charge,’’ denied being a manager and is appealing one conviction. She pleaded guilty in a second case and is serving an 87-month prison sentence. Rodrigo told authorities he was No. 3 in the organization, and had smuggled 5,000 immigrants. He is appealing his conviction and serving an 87 months.
Recruiters:
Duties: Meet would-be immigrants in northern Mexico to negotiate their transport across the border to destinations in the United States. Transport to staging areas.
Pay: Unknown.
Example: unknown
Staging managers: Assemble groups of pollos south of the border; assign guides for the cross-border trek.
Pay: $100 immigrant.
Example: Unknown.
Guides:
Duties: Lead immigrants across the border on hikes that may take several hours or days.
Pay: $100 per immigrant.
Example: Jose Rodriguez-Barron, 26, of Sinaloa, nephew of Julieta’s husband. Rodriguez-Barron pleaded guilty to conspiracy and is serving 63 months in prison. He got caught entering the United States illegally 12 times, and was returned to Mexico voluntarily in each case. According to court records, he continued orchestrated smuggling operations by phone from his jail cell.
Short-range drivers:
Duties: Meet groups of pollos on the U.S. side of the border and load them into vehicles, often stacked like cord wood, for the drive to Phoenix where they are held temporarily in drop houses. Pay: $100 per immigrant.
Example: Cruz Plaza-Franco, another of Julieta’s sons, whereabouts unknown.
Enforcers/babysitters:
Duties: Guard the pollos while in transit or at drop houses, making sure they don’t escape without paying fees; prevent immigrant abductions by rival smugglers and bandits.
Pay: $100 per day.
Example: Joel Najera-Escobar, 22. Najera-Escobar told investigators he came to the border as a pollo and asked to become a coyote. He was convicted on a weapons charge, serving a seven-year prison term.
Money collectors:
Duties: Pick up funds from wire transfer locations and deliver to bosses. This work is often done by drop house managers and enforcers.
Pay: unknown.
Example: Nicasio Franco-Aragon, Julieta’s nephew, arrested during stakeout of Western Union store; convicted of harboring undocumented immigrants. He is serving 97 months in prison.
Long-range drivers:
Duties: Transport immigrants from Phoenix to destination cities around the country.
Pay: $100 to $200 per immigrant.
Example: Samuel Alva-Hernandez was arrested in Colorado after crashing a vehicle containing immigrants. He was convicted of transporting undocumented aliens and sentenced to 17 months in prison.
Facilitators:
Duties: Launder money, provide phony documents, rent out drop houses and assist coyotes in other ways. Accept bribes.
Pay: Depends on the type of graft or bribery.
Example: Norma Gomez-Cantu, 37, leased Glendale condo units to coyotes who used them as stash houses; pleaded guilty to a federal misdemeanor and was fined $2,500.
Transportation arrangers:
Duties: Buy or steal vans and trucks to be used as “load vehicles’’ to haul immigrants; work with dishonest auto dealerships to falsify vehicle records so that those seized by law enforcement can be recouped.
Pay: unknown.
Example: unknown
Bajadores:
Duties: Abduct pollos from coyotes, hold them for ransom and obtain smuggling fees as ransom; also deal in drugs and weapons.
Pay: ransom of $1,600 to $2,500 per pollo.
Example: Jesus “Pablito” Medina-Nevarez, 25, convicted in state court of aggravated assault and drive-by shooting. He shot one of his drivers, purportedly because the man was a prospective witness with information on the murders of two other smugglers. Medina-Nevarez is serving a 10 ½-year prison sentence. In federal court, he awaits trial for hostage-taking and other crimes.
Sources: Bureau of Immigration and Customs Enforcement report, federal and state court records, DPS reports and Arizona Attorney General’s Office.
State and federal criminal codes prohibit human smuggling and numerous related activities. The following is a partial list of applicable laws.
Arizona Revised Statutes:
ARS 13-2319: outlaws the smuggling of human beings for profit or commercial purpose: first offense carries presumptive prison sentence of 2½ years.
ARS 13-702: makes violation of immigration law an aggravated factor for sentencing in other crimes.
Other state laws: prohibit money-laundering, conspiracy, fraud, hostage-taking and similar crimes committed by smuggling organizations.
United States Code
8 U.S.C. 1324: Alien smuggling for commercial gain, punishable by up to 10 years in prison.
8 U.S.C. 1325: Illegal entry into the United States — punishable by 6 months for first offense, up to 2 years for subsequent violations.
8 U.S.C. 1326: Re-entry after deportation - 2 years in prison, or up to 20 years if violator has a criminal record.
8 U.S.C. 1327: Assisting a criminal alien to enter the U.S. - up to 10 years.
18 U.S.C. 758: Flight from an immigration checkpoint - up to 5 years.
18 U.S.C. 922: Illegal alien in possession of a firearm - up to 10 years.
18 U.S.C. 1546: Fraud involving immigration documents - up to 10 years.
“If prosecutors made the effort I’m sure many illegals would admit to when and where they entered as part of a plea bargain on a prosecution for ID theft etc”
Good point!
“Although he had at least four DUIs, Julio Villasana drove drunk again and and killed Charlie Derrington, a local man...
The famous mandolin craftsman who revived Gibson guitar’s mandolin division”
That was a heartbreaker!
Thanks and I’m going to remember that. There must be 2-3 million illegals here who fit that. Who have re-entered after deportation. Committed no other crimes but re-entry.... that felony is still worth 2 years in prison
I’m not a big country music fan except for the long ago Byrds and Flying Burrito Brothers. But killing one of the best mandolin craftsmen should get you the death penalty
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