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  1. #1
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    It's no crime to be an 'illegal' immigrant

    August 3, 2010

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    Surprise: It's not a crime to live here as a so-called "illegal immigrant," the courts and federal law say. An undocumented dishwasher in Palm Bay could be summoned to court and deported, but his status alone would not warrant a visit from local police.



    Nor is it a crime for an "illegal" to seek work in Central Florida or anywhere else in the United States. An undocumented maid in Titusville could not be charged for applying for a job or scrubbing bathrooms.
    In striking down portions of Arizona's immigration law last week, U.S. District Judge Susan Bolton clarified some legal facts that have gone overlooked in the political storm:

    •"Unlawful presence in the United States is not a federal crime, although it may make the alien removable."

    •"Federal law contains no criminal sanction for working without authorization, although document fraud is a civil violation."
    So much for the political argument that illegal immigrants should be treated like common criminals. Or that local police should book them into jail, just as they would thieves with outstanding warrants. Congress would have to rewrite the Immigration and Nationality Act for that to happen, the judge wrote Wednesday.
    Yet, I heard the "criminals" argument again Friday at a banquet of the Tiger Bay Club in Cocoa Beach after the speaker, Attorney General and Republican gubernatorial candidate Bill McCollum, called for an Arizona-style bill. And again from readers on Sunday after I wrote, "Never trust politicians who call for rounding up a population they've never met."
    "That has to be the dumbest statement I have ever heard," reader Robert Carson told me by e-mail. "I have never met a burglar or rapist or even someone who was speeding while drinking, but they should still be rounded up and jailed/punished."
    Why 'illegal'?
    If they're not necessarily criminals, then why do we call them "illegal"?
    "Deportation or removal is not a criminal action, it's an administrative action," said Eric Enrique, an immigration attorney with offices in Rockledge and Melbourne. "Putting up a fence without a permit is 'illegal,' but it's not a crime. Building a commercial building in an area zoned residential is 'illegal,' but not a crime."
    That's why most illegal immigrants caught in the United States are sent to immigration court where administrative-law magistrates hear their cases. The Immigration and Nationality Act was first passed in 1952 as a way to track foreign workers and impose quotas on those deemed less desirable.




    Criminal charges are reserved for those who:

    •Hire illegal immigrants.

    •Smuggle or harbor illegal immigrants.

    •Defy deportation orders. Not Illegal until they defy deportation orders
    Local solution?
    Meanwhile, U.S. Immigration and Customs Enforcement already works with sheriff's offices in Brevard and elsewhere to deport illegal immigrants jailed for crimes that pose threats to citizens. If Florida lawmakers want to support federal immigration law, they should invest in that. Maricopa County, Ariz., Sheriff Joe Arpaio deported 26,000 people in three years that way.
    Enrique said an Arizona-like law meant to intensify police presence would not fit Central Florida.
    "The majority that I see are people who come as tourists and just stay -- we get a lot of people from the U.K.," he said. "But the people who are going to be targeted are the ones with dark hair, dark skin and accents."
    Contact Reed at 242-3631 or mreed@floridatoday.com.

    http://www.floridatoday.com/article/201 ... -immigrant

  2. #2
    Senior Member Richard's Avatar
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    Enrique said an Arizona-like law meant to intensify police presence would not fit Central Florida.
    "The majority that I see are people who come as tourists and just stay -- we get a lot of people from the U.K.," he said. "But the people who are going to be targeted are the ones with dark hair, dark skin and accents."


    People who game tourist visas and overstay whether Latino or not should not be welcome here either.
    I support enforcement and see its lack as bad for the 3rd World as well. Remittances are now mostly spent on consumption not production assets. Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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    Senior Member USPatriot's Avatar
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    Visa overstays are a big problem that will only get worse if we do not change our laws and make it a crime,a felony, to be in our country Illegally.
    "A Government big enough to give you everything you want,is strong enough to take everything you have"* Thomas Jefferson

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    h47
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    Surprise: It's not a crime to live here as a so-called "illegal immigrant," the courts and federal law say
    Huh? Am I in The Twilight Zone here?

    I read the entire post, but still. Huh?

    I'm at a loss for words here due to me being in severe shock.

    All I know is that I am outraged beyond all measure.
    "Illegal aliens are not immigrants, they are foreign intruders"... Jean Baptiste Truong
    ***
    NO amnesty for illegal aliens.
    Arrest and deport illegal aliens back to their own country.

  5. #5
    Senior Member miguelina's Avatar
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    Really? Then I guess the feds won't mind if Americans start buying fake ID, crying "poor" and getting freebies like the illegals do? Americans who have poor credit records can now buy themselves a new ID and start spending sprees. How about every American work for cash only, no taxes paid? Every American mom can claim to be unmarried and gets lots of welfare for the kiddies? Why not? It's not illegal if the illegals are allowed to get away with it, right?
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
    "

  6. #6
    Senior Member misterbill's Avatar
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    Huh??

    llegal Immigration is a Crime

    Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," 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.

    Red DotSee: Unlawful entry a crime since '29 - Rocky Mountain News -- June 11, 2006 AP Internal Use Only

  7. #7
    h47
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    Quote Originally Posted by miguelina
    Really? Then I guess the feds won't mind if Americans start buying fake ID, crying "poor" and getting freebies like the illegals do? Americans who have poor credit records can now buy themselves a new ID and start spending sprees. How about every American work for cash only, no taxes paid? Every American mom can claim to be unmarried and gets lots of welfare for the kiddies? Why not? It's not illegal if the illegals are allowed to get away with it, right?
    Right on.


    (Let's see how long WE get away with it....for all of a split second before we get thrown in the slammer).
    "Illegal aliens are not immigrants, they are foreign intruders"... Jean Baptiste Truong
    ***
    NO amnesty for illegal aliens.
    Arrest and deport illegal aliens back to their own country.

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