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I understand. However, it is pretty damn stupid to say that entering our country illegally is a felony, yet "being here" is a misdemeanor. If one is a FELON for entering the country, then one is still a FELON for being here!
(I know you don't make the law or agree with it. I am just stating my viewpoint.)
It’s asinine, but it’s only a felony if they enter more than once. Clearly, it doesn’t matter, considering the ridiculous number of illegals being deported for the 10th time.
As Mark S. Grube argued in the Cornell Law Review, “[t]here are no easy solutions to these conflicts, and litigation about a local government’s ability to combat the presence of undocumented immigrants is currently ongoing.” Regardless of what the final decision is on U.S. v. Brewer, Pearce can’t simply attribute the federal government’s actions to the President “ignoring the rule of law and siding with lawbreakers over the citizens of this country.” Obama, a former Constitutional Law professor, isn’t acting like a dictator — he and the DOJ have submitted a valid claim that will at the very least provide some much-needed clarity on how far states and localities can go in pursuing undocumented immigrants on their own.
The basis of the federal case against Arizona is that -the way US immigration law is written - illegal entry is a felony but illegal presence is a civil violation. Arizona's new law treats the civil violation as a felony. Many believe that illegal presence should be a felony but right now it isn't. Democrat and Republican Congress's have had decades to change this but they haven't. From a legal viewpoint & based on legal precedents I expect the feds to win their case.
Are we reading the same law or has a new one been brought forward? Felony for first time crossers? Hunh?
It has long been widely recognized that state and local police possess the inherent authority to arrest aliens who have violated criminal provisions of the INA.
Quote:
The preliminary question is whether the states have inherent power (subject to federal preemption) to make arrests for violation of federal law. That is, may state police, exercising state law authority only, make arrests for violations of federal law, or do they have power to make such arrests only insofar as they are exercising delegated federal executive power? The answer to this question is plainly the former.
The source of this authority flows from the states’ status as sovereign entities. They are sovereign governments possessing all residual powers not abridged or superceded by the U.S. Constitution. The source of the state governments’ power is entirely independent of the U.S. Constitution
If it is correct that Local and State law enforcement have "inherent powers" to arrest without Federal provisions, then the opposite is also correct. If a local or state law enforcement through the direction of the Municipal or State governing body wishes NOT to arrest undocumented aliens there is no Federal provision which makes that decission unlawful.
It’s asinine, but it’s only a felony if they enter more than once. Clearly, it doesn’t matter, considering the ridiculous number of illegals being deported for the 10th time.
Thanks for clarifying that.
I still contend that if someone commits a felony by entering our country illegally, then that person is still a felon while here.
Totally bassackwards to say it becomes a misdemeanor.
Thanks for clarifying that.
I still contend that if someone commits a felony by entering our country illegally, then that person is still a felon while here.
Totally bassackwards to say it becomes a misdemeanor.
It should be a felony the first time that an illegal enters our country and remain a felony while here. The Republicans tried to make that so a couple of years ago but it was shot down by the Democrats.
It should be a felony the first time that an illegal enters our country and remain a felony while here. The Republicans tried to make that so a couple of years ago but it was shot down by the Democrats.
On the supportive side of the issue, it is argued that living illegally in the United States is civil infraction, and that this bill merely aims at re-cementing U.S. immigration codes that have long been neglected by changing the seriousness of the infraction from a civil to a criminal one.
It should be a felony the first time that an illegal enters our country and remain a felony while here. The Republicans tried to make that so a couple of years ago but it was shot down by the Democrats.
On the supportive side of the issue, it is argued that living illegally in the United States is civil infraction, and that this bill merely aims at re-cementing U.S. immigration codes that have long been neglected by changing the seriousness of the infraction from a civil to a criminal one.
I agree that it should be a felony for first timers.
If nothing else, the ...Act of 2005 opened a lot of eyes. Without the illegals having their "day without illegals" and their marches, we would still have a lot of blind American's who were/are totally unaware of the effect of illegal immigration to our country. At least something good came from that!
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Felony for first time crossers? Hunh?
