Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
In case you missed it, Supreme Court says it is not a crime for an illegal immigrant to remain in U.S.
For several years now, I’ve been taking issue with folks who think that illegal immigration is ipso facto a federal crime. It’s not.
In and of itself, illegal immigration is a civil matter, which means it’s ruled by civil law, not criminal law. Immigration cases are heard in front of an administrative law judge, not a criminal judge.
During the 2008 president race, Rudy Giuliani said this about illegal immigration:
“It’s not a crime. I know that’s very hard for people to understand, but it’s not a federal crime. I was U.S. attorney in the Southern district of New York. So believe me, I know this. In fact, when you throw an immigrant out of the country, it’s not a criminal proceeding. It’s a civil proceeding.”
And now the U.S. Supreme has said basically the same thing. The high court, in its ruling today overturning much of Arizona’s controversial immigration law, said “it is not a crime for a removable alien to remain present in the United States.”
Even Justice Antonin Scalia, in his dissent from the majority opinion on the Arizona law, said this of illegal immigration: “It is not a federal crime, to be sure.”
And it it's not a crime to be here -- then why are the illegals demanding some big amnesty? Why would they need DACA?
Just let them remain as illegals in status. They're obviously fine with being that.
Maybe because they're tired of being called "criminals"
I will use my example: I have lived here for 7 years, I'm tired of paying almost $1,000 a month for rent, I would rather pay a mortgage, and that house 1 day will be mine.
Same as investing, people is afraid to invest because they don't have a secure stay in this Country.
My dream is to open a restaurant 1 day, but I can't since I'm illegal.
Obama is thinking of doing an amnesty, isn't as bad as it sounds. I understand this is your Country and you feel like illegal immigrants are taking what is yours, and it's true. But economy right now is at a critical point, So If you think about each penalty fee that each illegal alien will have to pay in order to become legal , we are talking about maybe billions of dollars! We estimate about 40 million illegal aliens let's multiply that by let's say a $500 fee (it will probably be much more) we are talking about BILLIONS! isn't that a huge help for the economy.
I think there should be some rules, and of course a background check in order to qualify for the amnesty.
People with criminal records should not be allowed to legalize.
Last edited by baby2012renter; 11-21-2012 at 10:58 AM..
A report released this month by the Center for American Progress and the Partnership for a New American Economy, for example, estimated that passing the more permanent DREAM Act—the ultimate legislative solution for these immigrant youth—would add a total of $329 billion to the American economy by 2030. This economic boost would occur because adjusting the legal status of young people to permanent residents leads to higher earnings and subsequently creates a ripple effect throughout the economy.
Maybe because they're tired of being called "criminals"
I will use my example: I have lived here for 7 years, I'm tired of paying almost $1,000 a month for rent, I would rather pay a mortgage, and that house 1 day will be mine.
Same as investing, people is afraid to invest because they don't have a secure stay in this Country.
My dream is to open a restaurant 1 day, but I can't since I'm illegal.
Obama is thinking of doing an amnesty, isn't as bad as it sounds. I understand this is your Country and you feel like illegal immigrants are taking what is yours, and it's true. But economy right now is at a critical point, So If you think about each penalty fee that each illegal alien will have to pay in order to become legal , we are talking about maybe billions of dollars! We estimate about 40 million illegal aliens let's multiply that by let's say a $500 fee (it will probably be much more) we are talking about BILLIONS! isn't that a huge help for the economy.
I think there should be some rules, and of course a background check in order to qualify for the amnesty.
People with criminal records should not be allowed to legalize.
You already have TWO countries where you can live perfectly legally. Again -- why does breaking the laws of this country entitle you to anything?
The last big amnesty most definitely did not benefit this country in any way. It certainly didn't bring down the national debt.
Most of the illegals will get out of paying anything by demanding some hardship exemption -- and the higher paying jobs they will take could have gone to unemployed Americans ---24 million of them looking for jobs.
If illegals are good for an economy then why aren't the sending nations trying to get any of them back? The majority of illegals are not paying into any health insurance plan -- they expect to be provided Medicaid for all their health care needs.
There simply isn't enough job creation to justify the bringing in of millions of illegals and handing them citizenship on a silver platter. Jobs are leaving the country.
A report released this month by the Center for American Progress and the Partnership for a New American Economy, for example, estimated that passing the more permanent DREAM Act—the ultimate legislative solution for these immigrant youth—would add a total of $329 billion to the American economy by 2030. This economic boost would occur because adjusting the legal status of young people to permanent residents leads to higher earnings and subsequently creates a ripple effect throughout the economy.
And with 30 to 50 million illegals here now -- why hasn't the debt gone down if they're such money makers for the government? in fact the national debt is rising at an incredible rate.
Mexico (where you aren't from) lost a huge number of these people -- and it's economy has been improving and it's middle class (unlike ours) has been growing. It's going better without them -- and most definitely doesn't want them ever coming home.
We *mom , brother and I* we came with a tourist visa (how? well I have 2 citizenship 2 passports at that time we where living in another Country, so we have to enter the US with that passport and use our visa. My dad is not German so he only have 1 passport and if you didn't read my other post I said he came here with a work visa because he was transferred from a company in out Country to a company in the US. So when he came here the owner of that company was suppose to do all the paper work and my dad was suppose to start working within 3 months, after 2 months of being here that company declare on bankruptcy.
'
once again he came to work as a manager in a factory / company just like publix. After the company declared on bankruptcy he didn't have another choice other than work as a landscaping.
Your story has far too many holes to be credible. You obviously don't realize there is no "supposed to do all paperwork" involved in an employer-petitioned work visa. Your dad could not have entered this country on a work visa, until all paperwork had been submitted by his employer and approved by USCIS. Therefore, he did NOT come here on a promise by his employer. Nor could he have been approved and granted entry "pending" employment in 3 months.
Furthermore, a H-2B Visa (non-agricultural) or L-1A (Intracompany Transferee Executive or Manager) classification, which, as a transferred manager would apply to your dad, would have entitled his spouse and minor children to either accompany him or join him later under the same visa program. Therefore, it would not have been necessary for you, your mom, and brother to enter on tourist visas. In fact, it wouldn't have made sense. In addition, his visa would have been effective for a period of three years, as would his family.
Quote:
Originally Posted by baby2012renter
I was underage when I came here! I started working at 18 and at that age I started declaring taxes, that amount is just an average, obviously if we are 3 and we all 3 were working for 3 years that amount have obviously increase. So we have been paying more taxes. At least we working with real SSN # not stolen ones, and we declare taxes, and we DON'T Send money to out countries like other people do. (which I'm against by the way)
I can only go by what you said. In fact, you said you "almost passed out" after seeing the $16,800 total for your collective contributions for the 7 year period you paid taxes. But, somehow now that total has "obviously" increased.
Quote:
Originally Posted by baby2012renter
In case you missed it, Supreme Court says it is not a crime for an illegal immigrant to remain in U.S.
Once an illegal has been deported and returns, which is common, it then becomes a felony prosecuted in Federal court. In addition, it is rare for an adult illegal alien not to have committed multiple crimes. I assume you realize ID theft, fraud, and tax evasion are criminal offenses.
In any case, I'm through with this discussion. Take care.
Q: Immigrants in the county illegally are not automatically committing a crime by their presence. Is that true?
A: Yes. "Illegal presence" as the offense is called, is not a violation of the U.S. criminal code. A person cannot be sent to prison for being here without authorization from immigration authorities. It is, however, a violation of civil immigration laws, for which the federal government can impose civil penalties, namely deportation.
Q: So it's a crime to enter the country illegally, but not a crime to be here illegally. How can you do one without the other?
A: It's not hard, and millions of people have done it. People obtain legal visas to enter the U.S. for work, study or tourism and then simply remain in the country after the visa expires. Of the estimated 12 million illegal immigrants in the United States, studies show about 40 percent to 50 percent came here legally but are now illegal immigrants.
Thief? maybe some you know, but not me. Under the eyes of God I have never stole anything. Just because I have brake the law doesn't mean I'm a robber. Hope you understand that.
Q1 - is for a person in your situation, you are considered Out of Status since you entered legally. However a person that enter without inspection they are criminals, class 4 federal misdemeanor, second EWI is a class 6 federal felony.
Quote:
Originally Posted by baby2012renter
In case you missed it, Supreme Court says it is not a crime for an illegal immigrant to remain in U.S.
For several years now, I’ve been taking issue with folks who think that illegal immigration is ipso facto a federal crime. It’s not.
In and of itself, illegal immigration is a civil matter, which means it’s ruled by civil law, not criminal law. Immigration cases are heard in front of an administrative law judge, not a criminal judge.
During the 2008 president race, Rudy Giuliani said this about illegal immigration:
“It’s not a crime. I know that’s very hard for people to understand, but it’s not a federal crime. I was U.S. attorney in the Southern district of New York. So believe me, I know this. In fact, when you throw an immigrant out of the country, it’s not a criminal proceeding. It’s a civil proceeding.”
And now the U.S. Supreme has said basically the same thing. The high court, in its ruling today overturning much of Arizona’s controversial immigration law, said “it is not a crime for a removable alien to remain present in the United States.”
Even Justice Antonin Scalia, in his dissent from the majority opinion on the Arizona law, said this of illegal immigration: “It is not a federal crime, to be sure.”
Lets make this clear - a person that enters legally is in violation of immigration laws if they do not depart and remain after their date of departure, they are merely Out of Status which is equivalent to an infraction of the law. It is still a criminal act, but only deportation is warranted. You can still apply to Adjust Status from this. The case is heard in an immigration court (federal administrative court)
An EWI is a criminal act that can receive up to one year in jail, Class 4 federal misdemeanor. This is indeed a crime. A second offense can lead up to more time and is a class 6 federal felony.
Both are criminal acts, immigration court is a criminal court, not a civil court. Immigration court is the federal govt as the prosecutor and the immigrant the defendant, while civil court is a plaintiff vs a defendant.
From your second link:
Quote:
For some, the use of the term "illegal alien" is likely based on a misconception that an immigrant's very presence in the United States is a criminal violation of the law. While the act of entering the country without inspection is a federal misdemeanor, and for repeat offenders could be a felony, the status of being present in the United States without a visa is not an ongoing criminal violation.
Your situation is that you are merely Out of Status, you should seek an immigration attorney and see if you can apply for an Adjustment of Status for you and your brother. If you are then denied, you have no choice but to leave then.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
