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Thread: ILLEGAL ALIENS ARE CRIMINALS

  1. #1
    True Statement: Illegal Aliens Are Criminals

    Yes, illegal alien = criminal. It doesn't matter if it is a misdemeanor or a felony.

    Misdemeanor - Law. a criminal offense defined as less serious than a felony.

    Question: When you get a ticket for speeding you broke the law---Are you a criminal?

    Answer: Yes, until you've completed restitution, you are a criminal. Whether it is jail, community service, a fine, etc, or in the case of being an illegal alien, you've returned to your home country, completed the ten year ban (or however many years it is), or whatever a judge has imposed.

    Most traffic violations are treated as misdemeanors.

    See: http://www.legalfish.com/traffic-violation-lawyers.htm

    If you run a red light and are NOT caught, you are still a criminal. You can be sent a ticket in the mail weeks later, you can be found by a witness later etc. Even though you are not caught then and there you are a criminal until the statute of limitations runs out.

    You can be pulled over and arrested for not paying tickets, including but not limited to tickets for running a red light and even parking tickets.

    Another Example: If you embezzel from a company and are not caught right away, you are still a criminal, until the statute of limitations runs out. If you are caught, a charge would have to be filed, run it's course through the courts and a judge/jury would have to find you guilty or innocent. Although you are innocent until proven guilty, you still have a criminal account that must be answered to and either convicted of or expunged, by a judge/jury.

    There is no statute of limitations on the act of becoming an illegal alien. Therefore you remain a criminal (until decided on by a judge).

    You are no longer a criminal when you've completed restitution or been found not guilty by a judge/jury.

  2. #2
    True Statement: Illegal Aliens Are Criminals

    Yes, illegal alien = criminal. It doesn't matter if it is a misdemeanor or a felony.

    Misdemeanor - Law. a criminal offense defined as less serious than a felony.

    Question: When you get a ticket for speeding you broke the law---Are you a criminal?

    Answer: Yes, until you've completed restitution, you are a criminal. Whether it is jail, community service, a fine, etc, or in the case of being an illegal alien, you've returned to your home country, completed the ten year ban (or however many years it is), or whatever a judge has imposed.

    Most traffic violations are treated as misdemeanors.

    See: http://www.legalfish.com/traffic-violation-lawyers.htm

    If you run a red light and are NOT caught, you are still a criminal. You can be sent a ticket in the mail weeks later, you can be found by a witness later etc. Even though you are not caught then and there you are a criminal until the statute of limitations runs out.

    You can be pulled over and arrested for not paying tickets, including but not limited to tickets for running a red light and even parking tickets.

    Another Example: If you embezzel from a company and are not caught right away, you are still a criminal, until the statute of limitations runs out. If you are caught, a charge would have to be filed, run it's course through the courts and a judge/jury would have to find you guilty or innocent. Although you are innocent until proven guilty, you still have a criminal account that must be answered to and either convicted of or expunged, by a judge/jury.

    There is no statute of limitations on the act of becoming an illegal alien. Therefore you remain a criminal (until decided on by a judge).

    You are no longer a criminal when you've completed restitution or been found not guilty by a judge/jury.

  3. #3
    You are a criminal until the statute of limitations runs out? Really? This is strange.

    The post tells you that you're a criminal after the commission of a crime, even if you're not caught. That leads one to believe that it's the commission of the action that renders the person a criminal, regardless of prosecution.

    But then, the post says you stop being a criminal once the SOL bans prosecution, regardless of the commission of the offense, apparently.

    So, any explanations would be appreciated.

  4. #4
    Again, very few traffic violations rise to the category of being a misdemeanor but anyone can under aggravated circumstances. Big difference between speeding (traffic violation) and drag racing (misdemeanor). And different states have different classifications. Some places may not even consider drag racing a misdemeanor. But all thats besides the point.

    YES;

    A misdemeanor is a criminal act. It is considered a lesser crime than a felony. Generally, a misdemeanor is a crime punishable by up to a year in jail; a felony is a crime can result with penalty of more than a year in jail. Violations are not considered criminal acts and only involve payment of fines. Some violations can rise to the level of a misdemeanor (drag racing) maybe even a felony (wreckless driving resulting in death).

    The SOL bans prosecution of a crime. That is for public policy of being 'fair' to a D who should not have to defend himself from charges many years after the occurance and unable to gather evidence to prove his innocence. But in reality, there is the PUBLIC criminal - Someone who has actually been convicted (rightly or wrongly) and then there is the PRIVATE criminal - someone who may or may not have been convicted but who actually did commit a crime.

    The United States is the most just society in the world. Criminals have more rights than anywhere else. A prisioner in Federal jail has a richer lifestyle than a free person does anywhere else in the world, even lives better than most USC's. In Immigration detention centers, they get free food, clothes, housing, medical treatment, movies, playgrounds, education, recreational facilities and even sing songs around campfires.

    OK lets get off this dumb topic. I have answered the question.

  5. #5
    You are a criminal until the statute of limitations runs out? Really? This is strange.

    You don't understand this? Strange.
    See: http://legal-dictionary.thefreedicti...of+limitations

    The post tells you that you're a criminal after the commission of a crime, even if you're not caught. That leads one to believe that it's the commission of the action that renders the person a criminal, regardless of prosecution.

    You are a criminal after the "commission of a crime". A convicted criminal? No. Everyone is entitled to due process.

    But then, the post says you stop being a criminal once the SOL bans prosecution, regardless of the commission of the offense, apparently.

    If the offence has an SOL.

    So, any explanations would be appreciated.

  6. #6
    Living illegally in the USA is a CIVIL OFFENSE, not a CRIME.

    Defining the Terminology

    Illegal Immigrant: Someone present in the country without authorization. People considered illegal immigrants can enter the United States in two ways: either by sneaking across the border, or by entering the country legally under a temporary visa but then failing to leave once their visa expires.

    Legal Implications: Living in the United States illegally -- either by sneaking in or by overstaying a visa -- is a violation under the civil code, not the criminal code. However, illegal immigrants can be incarcerated as part of the deportation process. Sneaking across the border is currently a criminal misdemeanor that can result in six months in prison. Immigration legislation passed by the U.S. House in December would make it a felony to live in the United States without authorization.

    ( http://www.npr.org/templates/story/s...toryId=5303676 )

    Q: Should overstaying a visa be considered a federal crime (vs. a civil offense)?

    General Reference (not clearly pro or con)

    The Congressional Research Service (CRS), in an 04/06/06 report entitled "Immigration Enforcement Within the United States," offered the following:

    "The INA [Immigration and Nationality Act] includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice). Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing in and harboring of certain undocumented aliens, the illegal entry of aliens, and the reentry of aliens previously excluded or deported."
    04/06/06, Congressional Research Service (CRS)

    ( http://www.immigrationprocon.org/que...imefelony.html )


    What is the difference between a civil offense and a crime?

    A civil offense is an infraction of a law that is not a crime. This may be something like a routine traffic offense such as speeding. The only penalty for a civil offense is a fine. A crime is a violation of the law that is punishable by a fine or a jail sentence. A Class Three or Class Four misdemeanor in Virginia is only punishable by a fine. These may be violations of noise ordinances or other offenses not involving injuries to other persons or their property. A Class One misdemeanor is punishable by up to 12 months in jail and a $2,500 fine. A Class Two misdemeanors are punishable by 6 months in jail and a $1,000 fine. Felonies are punishable by one or more years in prison and fines of up to $100,000.

    ( http://criminal-law.freeadvice.com/c...ense_crime.htm )

  7. #7
    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.

    SEE ALSO:
    http://caselaw.lp.findlaw.com/script...tle=8&sec=1325

    In civil law, there are two parties. One of the parties has been wronged by the other party. If this happens, the wronged party has the right to recourse in a court of law. The purpose of recourse is to create a situation similar to the one that existed before the wrong occurred.

    In criminal law, there are also two parties. The wrongdoer, the accused or offender, and the victim. Criminal offenses are seen as actions against public interest. Therefore, it is in the interest of the state to prosecute criminal offenders. The purpose of punishment is twofold: it is a deterrent for others to act in a criminal manner, it is also intended as a form of rehabilitation.

  8. #8
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c1...9fb47fb0686648558dbe

    INA: ACT 275 - ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEALMENT OF FACTS



    Sec. 275. [8 U.S.C. 1325]


    (a) 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, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (MISDEMEANOR)


    (b) 1/ Any 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- (CIVIL OFFENSE)


    (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. (CRIMINAL OFFENSES):


    (c) An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.


    (d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

  9. #9
    ".....and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (MISDEMEANOR)"

    Yep... see what I typed at the top...
    Misdemeanor - Law. a criminal offense defined as less serious than a felony.

    Thanks for confirming.

  10. #10
    ... and the SOL for those is five years. According to the original post, after the SOL runs out they're not criminals anymore! lmao....

    Criminal law wikipedia style, that's what this tread is.

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