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The general rule is that states can enforce federal *criminal* law but not federal civil law (without explicit permission). Immigration status is a civil matter. In other words, this isn't a case of the states doing what states normally do. It would be an unusual expansion of state enforcement power.
Isn't being an illegal immigrant a crime punishable by arrest? If so, its no longer civil, it's criminal.
I'm sure you're right -- these Alabama farmers are just lying ... because ... they just ove illegal aliens. Or something.
UPDATED (4): Farmers call for halt to new law (WITH VIDEOS) » Top News » CullmanTimes.com - Cullman, Alabama
No, actually it isn't a crime punishable by arrest. Just ask then U.S. Attorney Chris Christie: Christie: Being undocumented not a crime for all immigrants - New York Daily News
Christie is full of ****.
Illegal 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.
No, actually it isn't a crime punishable by arrest. Just ask then U.S. Attorney Chris Christie: Christie: Being undocumented not a crime for all immigrants - New York Daily News
You're forgetting that around 40% of undocumented immigrants did not enter illegally.
So again, the mere fact of being in the country without proper documentation is not a crime.
PolitiFact | Democratic Rep. Gutierrez says 40 percent of illegal immigrants overstay visas
The general rule is that states can enforce federal *criminal* law but not federal civil law (without explicit permission). Immigration status is a civil matter. In other words, this isn't a case of the states doing what states normally do. It would be an unusual expansion of state enforcement power.
You're forgetting that around 40% of undocumented immigrants did not enter illegally.
So again, the mere fact of being in the country without proper documentation is not a crime.
PolitiFact | Democratic Rep. Gutierrez says 40 percent of illegal immigrants overstay visas
Far too many are...yes. And worse, in many cases the financial incentive is greater to stay on unemployment and welfare than working. That can and should be addressed as well.People are willing to take those jobs even with the "government cheese". Or are you saying that those on welfare are lazy?
You're own article states that entering the country illegally is a federal misdemeanor. And irregardless of whether they came here legally but overstayed thier visa or if they came across the border they will get arrested. The only difference being that one that stayed past thier visa is not charged with a crime where as one that crossed the border will. But in both cases they will be arrested.
I USED to pay my car insurance, then I stopped. I still drive.
Crime or no?
Yes, someone who overstayed can be detained, but the mere fact of being in the country without documentation is not a crime -- my point.
Yes, someone who overstayed can be detained, but the mere fact of being in the country without documentation is not a crime -- my point.
Depends on what state you live in and what their laws say.
Since it sounds like you are approaching a dictionary defense, what is a crime, to you?
Having car insurance is required by federal law, in order to drive.
Also....It's ok for states to decide about car insurance, but not the enforcement of existing immigration laws?
Give an example of how someone could be in the country without any documentation, and it NOT be criminal?
Give an example of how someone could be in the country without any documentation, and it NOT be criminal?
I'm not normally a Federalist but I would be reluctant to let the States decide this issue, since they have been increasingly radical about it. I do think illegal immigration law should be enforced but some of the laws the States have tried passing have been a bit over the top. Illegals are still human beings and should not be treated as the enemy, as there are humanitarian concerns involved in a lot of the cases.
Should be interesting to see how the courts weigh in on this.
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