Thread: Telemundo Reporter Claims It’s Not Crime To Be An Illegal Immigrant

Posted By Steve Guest On 3:36 PM 08/05/2016

Telemundo national correspondent Lori Montenegro complained on Friday to an understanding Hillary Clinton that people who are illegal immigrants are “not criminals” that are deported.

At the National Association of Black Journalists and the National Association of Hispanic Journalists, Montenegro said, “Madam Secretary, you spoke about the deportations, President Obama, some call the ‘Deporter-in-Chief,’ you have eluded already your priority will be criminals, how do you walk back the deportations?”

“There are people not criminals that are deported daily from this country,” Montenegro said. “How do you walk back the deportations, comply with the law and not inherit the title of ‘Deporter-in-Chief,’ and at the same time, all these steps to help mobilize the Latino community to the polls, many who still believe that their vote was taken for granted in 2008 and 2012, and then we have the e-mails from Wikileaks that say that they are the loyalty brand of the party.”

http://dailycaller.com/2016/08/05/te...migrant-video/

Deporter-in-Chief my butt! The only reason Obama's deportation numbers have been up is because of a change in policy and procedure. Before the Obama administration, illegals caught at the border were not counted as deportations. To use a term that's been rather popular lately ....... the system is rigged!

Their whole argument hinges on legalities based on presence.
My opinion: If you're not supposed to be here then leave!



Is Illegal Immigration a Crime? Improper Entry v. Unlawful Presence
By Brett Snider, Esq. on July 9, 2014 8:19 AM
What's the "illegal" part of being an illegal immigrant? Is it a crime to simply be an undocumented immigrant residing in the United States? What about "sneaking" across the border?

Even lawyer-politicians like New Jersey Gov. Chris Christie have come under fire for getting it wrong; back when Christie was a federal prosecutor, his office had to clarify statements he made at a church forum that led to backlash, The Star-Ledger reported.

The confusion lies in the legal difference between improper entry and unlawful presence. Here's what you need to know:

Improper Entry Is a Crime

To be clear, the most common crime associated with illegal immigration is likely improper entry. Under federal criminal law, it is misdemeanor for an alien (i.e., a non-citizen) to:

Enter or attempt to enter the United States at any time or place other than designated by immigration officers;
Elude examination or inspection by immigration officers; or
Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts.
The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" -- are criminal acts associated with illegally immigrating to the United States.

Like all other criminal charges in the United States, improper entry must be proven beyond a reasonable doubt in order to convict.

Unlawful Presence Is Not a Crime

Some may assume that all immigrants who are in the United States without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.

But mere unlawful presence in the country is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization, but this violation is punishable by civil penalties, not criminal. Chief among these civil penalties is deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the United States, or permanent residency.

Both improper entry and unlawful presence should be avoided by any immigrant to the United States, but an illegal alien cannot be criminally charged or incarcerated simply for being undocumented. To learn more, check out FindLaw's section on Immigration Law.

Know someone who has been arrested or charged with a crime? Get in touch with a knowledgeable criminal defense attorney in your area today.
Related Resources:

Obama To Ask Congress For $2B To Ease Immigration Crisis (National Public Radio)
Punishment for Hiring Undocumented Workers OK (FindLaw's Free Enterprise)
Louisiana Appellate Court Rules Undocumented Law Unconstitutional (FindLaw's U.S. Fifth Circuit Blog)
CA OKs Driver's License to Undocumented Youth (FindLaw's Law and Daily Life)
- See more at: http://blogs.findlaw.com/blotter/201....shYrsV9k.dpuf

http://blogs.findlaw.com/blotter/201...-presence.html

This is the interpretation of immigration lawyers. Remember that.

Unlawful presence is illegal and corrected by deportation.

Improper entry is illegal entry, resulting in unlawful presence, making you an illegal alien, subject to deportation. Deportation is not punishment for a crime. Deportation versus imprisonment, is a civil action under the law to correct your unlawful presence by removing you from the country and sending you home. Civil Fines are also imposed to pay for the costs of deportation and discourage such improper entries and unlawful presence. The fines probably need to be much higher than they are and include RICO type laws that confiscate all personal and business property and assets.

Seems the part "you have to leave" is left out. After the imprisonment and fine - you leave. Otherwise the steps would be continuously repeated. Secure the border, deport all found to be in the country w/o permission. Not ifs ands or buts.

Originally Posted by artist

Seems the part "you have to leave" is left out. After the imprisonment and fine - you leave. Otherwise the steps would be continuously repeated. Secure the border, deport all found to be in the country w/o permission. Not ifs ands or buts.

Exactly. That's it in a nutshell. Well said, artist!

Then why do they call them "illegal" immigrants? It takes a really twisted narrative to try to pretend that away.

In the statute, the official term is illegal alien, because a) they are aliens and b) they are in the US illegally in violation of US immigration law.

Originally Posted by Judy

In the statute, the official term is illegal alien, because a) they are aliens and b) they are in the US illegally in violation of US immigration law.

Of course. It is an important distinction to make because they are not citizens, yet are subject to the same law that citizens are subject to. But any relationship between an illegal immigrant to the US and US law follows from prosecution of the illegal immigrant first.

It is totally corrupt to suggest that illegal immigrants be prosecuted only if they commit some other crime and we are to ignore the first crime they committed by being here at all.

Originally Posted by pkskyali

Of course. It is an important distinction to make because they are not citizens, yet are subject to the same law that citizens are subject to. But any relationship between an illegal immigrant to the US and US law follows from prosecution of the illegal immigrant first.

It is totally corrupt to suggest that illegal immigrants be prosecuted only if they commit some other crime and we are to ignore the first crime they committed by being here at all.

Exactly! The first crime is being here illegally and the correction for that is immediate deportation. No papers, no permission, a fact that can be easily determined within 24 hours including a hearing to confirm that simple fact, then BOOM, you're out. Period. No sob stories, no whines, no fairy tales about why you did it, no mercy, no exceptions, everybody goes. That is the law, it is a good and just law, and it must be enforced and enforced swiftly, within 48 hours, 24 hours to confirm illegal status and 24 hours to deport, the whole family, as a single unit, no child left behind, removed to their home country. Period.