Thread: ALLOWABLE MISDEMEANORS FOR ILLEGALS- Assault....

ALLOWABLE MISDEMEANORS FOR ILLEGALS
In Florida, for example,
Assault, Fla. Stat. § 784.011;
Assault on law enforcement officers, Fla. Stat. §784.07;
Battery, Fla. Stat. § 784.03;
Stalking, Fla. Stat. § 784.048;
Human smuggling, Fla. Stat. § 787.07;
Unlawful carrying of a chemical weapon or other deadly weapon (non-firearm), Fla. Stat. § 790.01;
Unlawful placing or discharging of a bomb that results in any bodily harm, Fla. Stat. 790.1615;
Unnatural and Lascivious Act, Fla. Stat. §800.02; and
Exposure of Sexual Organs; Fla. Stat. § 800.03.
Similarly, In Texas, misdemeanor crimes include:
Public Lewdness, Texas Penal Code § 21.07;
Indecent Exposure, Texas Penal Code § 21.08;
Terroristic Threats, Texas Penal Code § 22.07;
Burglary of Vehicles, Texas Penal Code § 30.04;
Deadly Conduct, Texas Penal Code § 22.05;
Assault, Texas Penal Code § 22.01;
Soliciting Membership in a Criminal Street Gang, Texas Penal Code, § 71.022;
Soliciting Prostitution, Texas Penal Code § 43.02;
Unlawful Carrying of Weapons, Texas Penal Code § 46.02; and
Engaging in Organized Criminal Activity, Texas Penal Code § 71.02.
In New York, misdemeanor crimes include:
Assault, New York Penal Law § 120.00;
Stalking, New York Penal Law § 120.45;
Forcible touching, New York Penal Law § 130.52;
Sexual abuse in the second degree, New York Penal Law § 130.60;
Unlawful imprisonment in the second degree, New York Penal Law § 135.05;
Endangering the welfare of a child, New York Penal Law § 260.10;
Insurance fraud in the fifth degree, New York Penal Law § 176.10;
Health care fraud in the fifth degree, New York Penal Law § 177.05;
Welfare fraud in the fifth degree, New York Penal Law § 158.05; and
Criminal possession of methamphetamine manufacturing material in the second degree, New York Penal Law § 220.70
S.744 also authorizes DHS to waive a broad array of criminal behavior for the purpose of determining admissibility, including convictions for:
Gang-related crimes (INA 212(a)(2)(F))(added to the INA by §3701)
Three or more drunk driving offenses (INA 212(a)(2)(J))(added to the INA by § 3702)
Domestic violence, stalking, child abuse, and violation of protective orders (INA 212(a)(2)(K))(added to the INA by §3711)
Also for the purpose of determining admissibility, S.744 allows DHS to waive the following conduct, which does not require a conviction in order to make an alien inadmissible:
Committing crimes or of moral turpitude (INA 212(a)(2)(A)(i)(I));
Violating federal or state drug laws (INA 212(a)(2)(A)(i)(II));
Trafficking in passports (INA 212(a)(2)(A)(i)(III))(added to the INA by §3709);
Providing fraudulent immigration services (INA 212(a)(2)(A)(i)(III))(added to the INA by §3709);
Trafficking immigration documents, including document fraud (INA 212(a)(2)(A)(i)(III))(added to the INA by §3709);
Prostitution (INA 212(a)(2)(D)(i));
Gang membership (INA 212(a)(2)(F))(added to the INA by §3701);
Misrepresenting a material fact to procure visas or other immigration benefits (if done for any purpose other than submitting an amnesty application) (INA 212(a)(6)(C)(i));
Violating student visas (INA 212(a)(6)(G));
Falsely claiming citizenship (INA 212(a)(6)(C)(ii)); and
Illegally re-entering the U.S. after deportation (a felony)(INA 212(a)(9)(C).
hen the Senate Gang of Eight unveiled S.744 at a press conference April 18th, they made repeated promises that illegal aliens applying for amnesty would have to undergo a criminal background check. While that may be true, a background check is only meaningful if aliens who committed serious crimes are actually barred from receiving amnesty and being placed on that pathway to citizenship. The specific text of the S.744, combined with its numerous waiver provisions, demonstrate that criminal illegal aliens will indeed be eligible for amnesty under the Gang of Eight plan.

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