Posted on 11/23/2007 5:32:54 PM PST by Fargo Rock
Good for him, but if a bank robber saves a school bus full of nuns he is still a criminal.
Isn't that the truth....but then they don't have our beloved leaders with their own agenda.
Clarifying Point - An alien unlawfully present in the United States for a period of less than 180 days is in violation of the law - an infraction similar to a minor traffic ticket. Many people have received a minor traffic ticket and they are not considered a criminal, although the law was violated. I am not making an argument so much as reading and trying to make sense of what the law states.
The border should be secured. Aliens must be determined as admissible in order to enter the US and the government must exclude 'felony type' criminals, subversives, terror supporters, and so forth. But it serves no purpose to label any 'Improper Entry Alien' as Criminal when the law stipulates Civil not Criminal penalties.
Again, I am not a lawyer but this appear to be the gist of the Federal Code.
Fair enough.
In my opinion, anyone who does something that would cause them to be incarcerated for reasons other than their own personal safety can be labeled a criminal.
Testimony Before the Permanent Subcommittee on Investigations
Committee on Governmental Affairs,U.S. Senate
INS' Processes for Denying Aliens Entry Into the United States Statement of Richard M. Stana
Director, Justice Issues Director, Justice Issues
INS’ Processes for Denying Aliens Entry Between Ports of Entry and Without Inspection
As previously mentioned, INS decided not to subject aliens who attempt to enter the country between ports of entry or without inspection or parole to the expedited removal process. Instead, once an alien is apprehended, generally by the Border Patrol, INS usually takes one of two courses of action.
Under the first course of action, an apprehended alien can request INS topermit him or her to voluntarily depart the country. This is commonly referred to as voluntary return to home country. By permitting the aliens to voluntarily return to their country, the aliens would not be subject to any penalty or fine. But if they wanted to return to the United States their subsequent visa applications may note that they had previously enter the country without permission. Voluntary departure can take place immediately after the alien’s background is checked or at a future date specified by INS. INS considers these requests on a case-by-case basis and would permit the alien to voluntarily depart if, for example, the alien had no criminal record or history of illegal attempts to enter the country.
INS has a reciprocal agreement with Mexico and Canada, that they will accept their citizens. The aliens from Mexico or Canada who are apprehended near their border would be returned immediately under a voluntary removal granted by the INS. If apprehended away from their border and INS granted voluntary removal, the aliens would then be flown to their home country. For aliens who are not from Mexico or Canada, they would be flown home if INS offered them voluntary removal. INS officials said that in such situations, the aliens would usually remain under INS’ control until they can be returned to their country.
Under the second course of action, INS can place aliens in a removal hearing before an immigration judge. This action results in a penalty that would limit the alien’s ability to reenter the country in the future. During removal hearings, aliens can apply for relief from their removal (e.g., apply for asylum). INS can detain aliens during the removal hearing process or release the aliens on bond or on their on recognizance. In deciding whether or not to detain the aliens, INS considers such factors as the likelihood that the aliens will appear for their removal hearing or whether aliens present a danger to the community.
I would take this to mean people who TRY to enter the country and are apprehended in the process, not those who have successfully entered illegally.
Ticket home!
You are just so full of it that I don’t even know where to start. You know that what you spouted is BS, so it is pointless to go there anyway.
Yeah. That policy does sound disturbing...I have actually heard that some ALLOW themselves to be caught when they are ready to go home...oh, wait...that was “Up in Smoke”...
Ok, well from personal experience from living on the border for many years I have to say I have helped many illegals in distress, I have never had an illegal help or offer to help me in any way. I have had illegals try to carjack me, steal from me, etc. I have had many other people help me out that weren’t illegal. So all your malarky about the illegals being the Good Samaritans doesn’t play out well in the real world.
Illegals are good, bad, and indifferent like other people. A higher percentage of illegals that sneak across the border are of the bad sort simply because it really takes a minimum amount of ID and documents to enter this country legally. Note I did not say to become a citizen or get a green card- I said to enter legally at a port. Those that have to footback it across the desert as opposed to entering at a port have issues that preclude them from being able to cross legally.
What escapes most people is that citizens of Mexico are allowed to cross to shop and visit relatives or play tourist or whatever. They simply have to show ID and proof that they live in Mexico- as in they pay rent, utilities, or draw a paycheck-requirements are minimal to get a permit to cross. Many that cross that way remain here illegally of course. The point is, the illegals that can’t cross at a port have issues, criminal history- ect. That is why I am so adament about a real fence and strict enforcement- those that sneak through the boonies are the ones we can do without for sure.
I think it is great that someone was there for this boy when he really needed help- I won’t take away from that; just don’t make it into a bigger deal than it is. This particular illegal did have the goodness to help out. This says nothing to me about the “kindness” of illegals overall- I have my own experience that says otherwise.
I knew a Mexican illegal alien who was spent 3 months in jail in Laredo just for crossing illegally. He could have served more time but the judge sentenced him to time served.
Please note the last paragraph. Civil penalties imposed do not negate criminal penalties. I don’t know anywhere in the USA that you get 6 months in prison for a first offense speeding ticket and 2 years for a second offense:
>>Section 1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of -
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.<<
In other news:
Illegals committed 6,412 crimes across America in the past 24 hours;
Over 500,000 illegals remain incarcerated in American jails and prisons; and
20 million illegals continue to live in violation of the law in our country.
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