Posted on 06/29/2019 2:00:07 PM PDT by Kaslin
Just do it and ignore the damn judges. Impeachment should be started on everyone that makes a call and is overturned. After all being overturned shows they were politically motivated and not following the law, they were making laws rather than basing the calls on the laws.
obviously you are not familiar with US immigration law or very misinformed. First time border jumping-EWI entry without inspection can be punished as either a civil or criminal offense or both.
18 USC 1325
(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 penaltiesAny 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.
You are thinking about what is going on at the border.
These “ICE raids” are supposed to get those already living in the US, who did not get asylum and already received orders to leave, but they did not.
As president, he is supposed to let Congress and people know what he is doing.
As people point out, he was elected president, not emperor.
Re: “Obviously you are not familiar with US immigration law or very misinformed.”
I was quoting U.S. Senate testimony from the Great Immigration Debate of 2005-2007.
Has the law been changed? Not that I am aware of.
What percentage of first time border jumpers - without any other aggravating circumstances - are being criminally prosecuted by the Trump Administration?
My estimate?
Zero.
Please provide a link if you claim that is not correct.
here is the law
18 usc 1325
https://www.law.cornell.edu/uscode/text/8/1325
1325 has history going back to 1929 and included in the walther- mcarren immigration act that went into effect in 1952
debate 2020
https://time.com/5615757/section-1325-immigration-law-2020-debate/
they admit it is a criminal offense and some ask to repeal
https://cliniclegal.org/resources/attorney-general-calls-increased-prosecution-immigration-related-offenses
https://trac.syr.edu/tracreports/bulletins/immigration/monthlyapr19/fil/
as far as statistics, priorities and resources are best used where they are the most efficient.there is a difference between claiming a law says something and how it is actually enforced or not. 150 billion dollars that went to iran could have prosecuted every 1325 for years and deterred hundreds of thousands from trying...
LOL!
That's almost a direct quote from Barack Obama’s Executive Order creating DACA.
Bottom Line - in border jumping cases, the prosecution and immigration judge automatically agree to dismiss the “criminal” charge if the defendant agrees to pay the civil penalty.
By the way, my favorite federal law is 8 U.S.C. §1182(f):
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
And my second favorite federal law is some place in IRCA 1986, which - along with court tested agency regulations and Executive Orders - gives Trump the authority to enforce Universal E-Verify.
Problem is - Trump will never seriously try to enforce those statutes.
...Bottom Line - in border jumping cases, the prosecution and immigration judge automatically agree to dismiss the “criminal” charge if the defendant agrees to pay the civil penalty....
see voluntary return, expedited removal, and deportation.
if an immigration officer or border patrol agent wants an illegal criminally prosecuted for some reason, they can “walk” the case to the prosecutions unit which presents the cases to the US Attorney. I recall some brilliant defense attorney wanted all the 1325 cases to fight the criminal charges and had them talked into pleading not guilty. They were sitting in court when the first case went to the judge who sentenced him to time served (already in custody) the rest jumped at the chance to get returned immediately instead of sitting in jail for who knows how long waiting for trial,and all pled guilty. the defense got his bright idea shoved where the sun don’t shine.
And he should.
Ten minutes before the arrests begin.
The border jumping “criminal charge” is a legal formality.
Every adult apprehended at the border is detained for at least a couple days until Border Patrol can get a reasonably clear ID and check USA and international criminal data bases.
80%-90% of those adults will be released on their own recognizance and given a court date (Notice To Appear), which is usually 3-6 months in the future.
About half of those people will never appear, and no one will ever look for them unless they commit a serious crime.
The other half will appear, they will promise to leave the USA and pay a fine, the criminal border jumping charge is dropped, and the court releases them back onto the street.
Most of the people in that group will NEVER leave the USA, almost none of them will pay the fine, and no one will ever look for them unless they commit a serious crime.
There is currently a 950,000 case back log.
it isn’t his fault he is being blocked by the courts and the Establishment. He doesn’t need his own side going against him as well. None of you appreciate the great work he is doing, instead you want to nitpick. If it takes his second term to get the job done, so be it.
And I am sick of people who claim to be conservatives who don’t know that there is a Constitution that the President has to obey. He is being blocked by the courts. Do us all a favor and vote Democrat next time!
GTH.
I was complaining about people like yourself who somehow equate a statement with action.
CBP e3 portal
Overview
CBP uses the e3 portal (e3) to transmit and store data to ICE’s EID1
and DHS’s IDENT2
for processing, identification, and verification of individuals encountered or apprehended at the
border. e3 transmits data in real time from CBP Border Patrol Agents to ICE EID and IDENT, and
retrieves records from those systems for CBP enforcement action purposes. The e33
suite of
applications, which communicate with each other over the CBP network and through EID, which
is owned by ICE, enables CBP Border Patrol Agents to record an apprehended individual’s
biographic information and seized property; uniquely identify or verify the identity of the
individuals they encounter by capturing the apprehended individual’s photograph and fingerprints
and transmitting them in real-time to IDENT; facilitate the capture and recording of data pertaining
to border violence and alien smugglers; view and record information pertaining to criminal trials;
build cases for prosecution; generate documents electronically per the requirements of a particular
court; print, update, and track cases; and create statistical reports
https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp012-e3-august2017.pdf
CBP e3 portal
Overview
CBP uses the e3 portal (e3) to transmit and store data to ICE’s EID1
and DHS’s IDENT2
for processing, identification, and verification of individuals encountered or apprehended at the
border. e3 transmits data in real time from CBP Border Patrol Agents to ICE EID and IDENT, and
retrieves records from those systems for CBP enforcement action purposes. The e33
suite of
applications, which communicate with each other over the CBP network and through EID, which
is owned by ICE, enables CBP Border Patrol Agents to record an apprehended individual’s
biographic information and seized property; uniquely identify or verify the identity of the
individuals they encounter by capturing the apprehended individual’s photograph and fingerprints
and transmitting them in real-time to IDENT; facilitate the capture and recording of data pertaining
to border violence and alien smugglers; view and record information pertaining to criminal trials;
build cases for prosecution; generate documents electronically per the requirements of a particular
court; print, update, and track cases; and create statistical reports
https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp012-e3-august2017.pdf
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