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    Illegal immigration is a crime. Illegal aliens are criminals.

    U.S.Supreme Court
    "Not only entering the United States illegally is a crime---remaining illegally is a continuing crime"

    U.S. vs. Franklin 1951 and INS vs. Lopez-Mendoza 1984

  • #2
    Illegal immigration is a crime. Illegal aliens are criminals.

    U.S.Supreme Court
    "Not only entering the United States illegally is a crime---remaining illegally is a continuing crime"

    U.S. vs. Franklin 1951 and INS vs. Lopez-Mendoza 1984


    • #3
      immigration matters are "civil" in nature and therefore not a crime. I will check that decision (it sounds interresting), but I'm quite sure that it would have negative implications on the U.S. immigration laws rather than on "illegal" immigrants themselves. Because that would make a "removal" from the U.S. for a criminal convictions a "double jeopardy" issue and therefore illegal (the removal itself) as well...


      • #4
        Violation of any law is always a crime. A single incident can be a crime under different statutes so there is no question of 'double jeopardy'. Sometime conviction under one statute opens the way to proceedings under other statute.
        These Supereme Court decision are not new, these are very old decisions.
        God bless America.


        • #5
          Umesh, my friend, immigration matters (as well as divorce, bankruptcy etc.) are considered "civil" in nature. There is a big difference between matters such as these and criminal matters which are considered "inheritently immoral".

          A regular removal order for an alien for instance is a "civil" matter, if it were a "criminal" matter, it would have never been able to deport anybody, because that would be "double jeopardy", meaning that a person is being punished twice for the same crime (1 year probation + removal from the U.S.)


          • #6
            To hm:
            With due respect, some cases and incidents have double remifications. They are prosecuted as Criminal cases and then are sued in Civil Courts also. You might have read OJ Simpson case. He was slapped with murder of his wife, which he won but then he was sued in Civil Court where he lost.
            Good luck.


            • #7
              Jerks, remaining illegally in the country is an immigration violation, not a crime. After Sep 11, 2001 it was discussed to make staying illegally for more than six months a misdemeanor, but the law was not passed.


              • #8
                It certainly seems like a crime! I mean, me.. look at my example.. Came to this country on a student VIsa, wasnt able to complete my studies because of financial problems..

                Was caught by the INS and put into detention because my crime was working and trying to pay off my university bills. So I can once again go to school.

                Was put in detention with people who have been in jail for ages because of drug convictions and rape... And there I was had never even smoked even a cigerette in my life!

                I thought this country was the land of oppurtunity. I love America still.. Its jsut that I wish the laws of this country were more relaxed towards people just trying to me an honest living!


                • #9
                  USC 8 is a criminal code of justice, not a civil.
                  Illegal aliens are therefore criminals.


                  • #10
                    Student -- you deserved to be detained -- you worked without authorization! You were also illegally here, so...


                    • #11
                      You break a law, you have committed a crime. Many people will consider you a criminal. It is that simple.

                      However, it does not make someone a bad person.

                      Jesus Christ was hung on the cross because he was viewed as a criminal. Does that make him a bad person? (whether or not you believe that he was the son of God, many religions accept him as a good man.) It was legal to nail him to the cross.

                      It was legal for Hitler to kill thousands of people he didn't like, but does that make them bad people?

                      It was considered legal for Pinochet not to be prosecuted in Chile, when Europe wanted to prosecute him, they broke Chilean law. Chileans later modified their law ("breaking it") does that make them bad people?

                      I am sure that it is legal for Saddam Hussein to set up rape camps and pull out people's toenails -does that make it right?

                      Oh yeah, and several states have laws against fellatio (also known as oral sex)... does that make it right for the government to enter bedrooms and try to find people conducting this "offensive" activity? Either way a heck of a lot of USC are criminals because they have at some point in their life broken this law (either by giving or receiving). Great, so now we know, they are criminals... but does that make them bad people?

                      Come on people lets use a little judgement here. I think it would officially be called "critical thinking."

                      Therefore, my conclusion is that the idea that "illegal aliens are criminals" is pedagogical nonsense, meant to imply negativity that does not truly exist (if you pause to think.)


                      • #12
                        Illegal aliens are criminals as per USC 8.


                        • #13
                          congratulations you can read! Have you gotten far enough to determine whether or not you are a criminal as per fellatio or other laws?


                          • #14
                            "double remifications" is not "double jeopardy"!
                            Certainly one can be criminally prosecuted and then held "civilly liable" for the consequences (such as O.J. Simpson), but nobody may be punished twice in a crimal procedure. An order to pay a monetary amount for a civil liability is not considered a "criminal punishment", it's a "liability" as it's implied.

                            It is for almost this reason alone why immigration matters are NOT considered (and have been so declared by the Supreme Court) "criminal". As another poster and I indicated above, "criminalizing" immigration matters would make the deportation of an alien impossible!

                            The 8th U.S. code is, as the name clearly implies a CODE, not a criminal procedure!


                            • #15
                              How could you be so misinformed about immigration laws on a immigration board ? There is NO CIVIL tort in FEDERAL LAWS. We could list all the Federal statutes they violate by there illegal entry and working with fraudulent DOC which is a felony. Civil comes in when you are sued under RICO Act for employing them which is becoming the way for business owners who won't hire illegals to get comp sated by business that do, works well too. All you need to win is a bust of business who have hired illegals, you win hands down.

                              Immigration Law Enforcement by Local Agencies
                              The following is an introductory summary of federal law on the issue of local law enforcement agencies enforcing federal immigration law provisions. Local officials who seek guidance on this issue may contact FAIR's legal counsel for detailed information.

                              In most cases, federal laws that bar illegal aliens from the United States and punish persons who smuggle, shelter, or employ or otherwise assist illegal aliens can be enforced by local and state police.

                              State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior Immigration and Naturalization Service (INS) knowledge or approval, as long as they are authorized to enforce federal law in general. Although immigration is a federal matter, local law enforcement departments and personnel are not required to turn a blind eye to any illegal activity – including violations of immigration law. It is illegal for local governments to prohibit police cooperation with the INS, and individual officers who report violations are protected by law.

                              Although the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996 provied new authority for empowering local law enforcement agencies to enforce immigration law provisions against aliens illegally in the country, local police were never powerless to act on immigration law violations before adoption of that legislation. Local police departments have always had the ability to collaborate with the INS in enforcement operations. An example was local cooperation with the INS and the FBI in locating and interviewing foreign students from Middle Eastern countries following the September 11 terrorist attacks.

                              In addition, Section 274(c) of the Immigration and Nationality Act (INA), as amended in 1986, authorizes "...all other officers whose duty it is to enforce criminal laws," to arrest persons for smuggling, harboring or transporting illegal aliens. Furthermore, federal courts had repeatedly affirmed since 1984 that local police may inquire into immigration violations in the course of a routine stop (see e.g., U.S. v. Salinas-Calderon).


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