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InvisibleDiploidM
Cuban


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Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Student busted for pot,, family deported [AZ] [Re: johnm214]
    #7639934 - 11/15/07 02:06 PM (16 years, 2 months ago)

find me the code making simple illegal immigration a crime, or shut up

Uhm, Google is your friend.  Title 8 Section 1325 of the US Code:

...any citizen of any country other than the United States who:

-Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

-Eludes examination or inspection by immigration officers; or

-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 has committed a federal crime.


Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

This whole family could have been thrown in jail, THEN deported. They got off lucky in that they were only deported.

By the way, where do you get your misinformation? I'm really curious. :rolleyes:


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.


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OfflineBrAiN
Art Fag
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Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
Re: Student busted for pot,, family deported [AZ] [Re: Diploid]
    #7639984 - 11/15/07 02:17 PM (16 years, 2 months ago)

Maybe john ain't from the states


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InvisibleDiploidM
Cuban


Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Student busted for pot,, family deported [AZ] [Re: BrAiN]
    #7640162 - 11/15/07 02:52 PM (16 years, 2 months ago)

Fortunately Google works everywhere. :shrug:


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.


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Offlinezappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 7 years, 7 months
Re: Student busted for pot,, family deported [AZ] [Re: Diploid]
    #7640260 - 11/15/07 03:10 PM (16 years, 2 months ago)

"Why Can't Johnny Read?"


--------------------


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Invisiblejohnm214
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Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: Student busted for pot,, family deported [AZ] [Re: zappaisgod]
    #7640553 - 11/15/07 04:21 PM (16 years, 2 months ago)

Well, I am from the states.

I appologise for my tone, I sounded really bitchy there.

Anyways i was refering to the act of living in the US without legal status. Whether you were admitted as a visitor, worker, student, or whatever, your presence is not a crime even after your permit expires.

As I put at the end of my post, the act of evading the border patrol is a crime, but once your in I've seen plenty of refrences that they don't prosecute; perhaps there is a problem proving you evaded the border rather than came in some other legal way? I don't know.

While my statment still stands for thsoe here without illegal entry, it seems the law would apply to those here without a legal manner of initial entry- even if this seems to be not enforced.

See the original story. Nobody was prosecuted except for possibly the dad which the story hints has been previously expelled, a crime of that same section.

As someone asked for my source that illegals are not criminals vis a vis their presence here; here's some:
Quote:


Critics argue that the government should first focus on border security. Some want to make it a criminal offense -- punishable by jail time -- for the undocumented to live in the United States (right now, it's a civil offense).


http://www.npr.org/templates/story/story.php?storyId=5303676

Quote:

Illegal presence in the U.S. is now a civil offense.


http://findarticles.com/p/articles/mi_qn4188/is_20060506/ai_n16354400

Quote:

After street protests and demonstrations last month, House Speaker Dennis Hastert, R-Ill., and Majority Leader Bill Frist, R-Tenn., pledged that illegal immigrants would not be prosecuted as felons in a final House-Senate verions of the bill if it gets that far.

Illegal presence in the U.S. is now a civil offense.


http://archive.newsmax.com/archives/ic/2006/5/5/122538.shtml

There are many other sources for this position, but I agree the law seems clear. Either way in this story no one was prosecuted except for the father who appears to have previously been deported


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OfflineBrAiN
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Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
Re: Student busted for pot,, family deported [AZ] [Re: johnm214]
    #7641090 - 11/15/07 06:22 PM (16 years, 2 months ago)

It's still a crime to enter the country illegally.

Outstaying your visa.. it MAY possibly be a civil offense... but civil offense or not . it steal means it's illegal and punishable by deportation. The second you earn any money also and DONT report it (which I would imagine is why most people are here) *IS* a crime. Most people that overstay their visas permanently aren't just going to sit around and twiddle their thumbs.. they're going to go out and try to make some money. THAT'S a crime.

From what I hear.. overstaying your visa can get your banned from the U.S. for 10 years.

Just remember.. there's a difference between a criminal act and an illegal act. Just because it's not CRIMINAL doesn't mean it isn't ILLEGAL. If you drive 75mph in a 55 zone.. you're doing something ILLEGAL, but not criminal. And if you're going to break a non-criminal law.. you should still be prepared to suffer the consequences of getting caught.

Don't do the crime if you can't do the time.

But you're right...

http://em.tsu.edu/internationalstudents/visaoverstay.php

http://www.itpeopleindia.com/20040607/abroad2.shtml

http://www.oiss.ucsb.edu/overstay_penalties.htm

I've looked everywhere and it looks like just OVERSTAYING your visa technically isn't a criminal matter... but like I said, 99% of ppl who are overstaying their visa are probably going to seek work and most of those people aren't going to pay their taxes.

heh... funny.. Ron Paul is strict on immigration.... but if he bans the income tax... that's one less crime (and biggest one) that illegal aliens are violating.




Edited by BrAiN (11/15/07 06:37 PM)


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Invisiblealphabeatu
Sire
Male
Registered: 11/07/07
Posts: 2,750
Re: Student busted for pot,, family deported [AZ] [Re: johnm214]
    #7642880 - 11/16/07 02:56 AM (16 years, 2 months ago)

Quote:

johnm214 said:
why don't all you folks who questioned me find the law? There is none.

Unless you cross the border to smuggle things, or are reentering after deportation, simple illegal imigration is not a crime.

Quote:




if i ever needed to buy me some morals could you sell me some?

wtf do we have to declare anything when entering or leaving our homelands?

tax ,we pay it they dont

thats wrong and you know it


--------------------



i need names and addresses of narc members

pm for details


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OfflineBrAiN
Art Fag
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Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
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Re: Student busted for pot,, family deported [AZ] [Re: alphabeatu]
    #7643106 - 11/16/07 06:45 AM (16 years, 2 months ago)

poor john... ya got reemed on this one


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Invisiblefastfred
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Registered: 05/17/04
Posts: 6,899
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Re: Student busted for pot,, family deported [AZ] [Re: BrAiN]
    #7647037 - 11/17/07 09:09 AM (16 years, 2 months ago)

> poor john... ya got reemed on this one

He's kind of dropped from citing case law and statutes to quoting NPR. LOL

Anyhow, being in the country illegally (not just overstaying a visa) is de facto proof that you've committed a federal offense, which is punishable by up to 6 months imprisonment. Slap on the other offenses they are committing in furtherance of their illegal stay here and they could be doing a good chunk of prison time.

I'm not in favor of imprisoning illegals, just deporting them in large numbers. It's like when you're at your buddies house and you've ate his food, drank up all his beer, smoked his weed, and he's getting tired so he tells you to go home.


-FF


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