Judge blocks most controversial parts of AZ SB1070 law
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I believe this is one decision he will ultimately regret.
its also a challenge the left will regret, as businesses begin to challenge state environmental laws in regards to water pollution as being "illegal" because clearly water pollution is a federal obligation.. right?
He makes a critical point in the video: being in the U.S. illegally is not itself an actual crime. You can't be tried, prosecuted, convicted and imprisoned for it. The most that can be done is the Federal Government can deport you. States cannot decide to make it a crime to be in the U.S. illegally, since it's a Federal issue.
How can the Federal Government deport you if you can't be arrested? Duhh?
Major Epic FAIL! It is in fact a crime. It's a crime even not be be in possesssion of alien documentation if they are here legally.
Title 8 USC §§ 1304. Forms for registration and fingerprinting
<snip> (d) Certificate of alien registration or alien receipt card Every alien in the United States who has been registered and
fingerprinted under the provisions of the Alien Registration Act,
1940, or under the provisions of this chapter shall be issued a
certificate of alien registration or an alien registration receipt
card in such form and manner and at such time as shall be
prescribed under regulations issued by the Attorney General.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate
of alien registration or alien registration receipt card issued to
him pursuant to subsection (d) of this section. Any alien who fails
to comply with the provisions of this subsection shall be guilty of
a misdemeanor and shall upon conviction for each offense be fined
not to exceed $100 or be imprisoned not more than thirty days, or
both. (f) Alien's social security account number
Notwithstanding any other provision of law, the Attorney General
is authorized to require any alien to provide the alien's social
security account number for purposes of inclusion in any record of
the alien maintained by the Attorney General or the Service.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325
Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts 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 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
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—
(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.
(c) Marriage fraud
Any 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.
Quit forming opinions from idisinformation from the talking heads. It's REAL easy to find the truth in a few minutes.
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