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Existing laws are already adequate if the are enforced. No new laws are needed.
The point is valid, but the practical application is awful.
Right now, if someone comes here from a country other than Mexico or Canada and are apprehended, they aren't immediately deported. In most cases, they are given a summons to appear and are never heard from again.
Our current system and laws do not do a good enough job of preventing illegal entry.
The point is valid, but the practical application is awful.
Right now, if someone comes here from a country other than Mexico or Canada and are apprehended, they aren't immediately deported. In most cases, they are given a summons to appear and are never heard from again.
Our current system and laws do not do a good enough job of preventing illegal entry.
The following is what can and does occur per the LAW.
One of the greatest fears that undocumented immigrants have is being caught by U.S. immigration authorities. Often, this fear stems from the belief that they will immediately be deported to their home country without the chance to say goodbye to family and loved ones. Other times, it is the fear of the unknown, as in, "What will happen to me if I am caught?"
The good news is that undocumented immigrants have certain rights when arrested by Immigration and Customs Enforcement (ICE). This agency must follow established procedures to help protect those rights. ICE Arrests and 48-Hour Detainers
There are a number of ways that an undocumented immigrant can come into ICE custody. For instance, you may be arrested during a workplace raid. Or, you may be arrested at your home. Keep in mind that if an immigration officer comes to your home, you do not have to let him in unless he has a warrant. Because of their enforcement priorities and limited resources, ICE officers are more likely to look for you in your home if you have been convicted of a crime.
Additionally, the initial arrest of an undocumented immigrant may not necessarily be by ICE. You may be taken into custody by another law enforcement agency -- for example, state or local police, following a criminal arrest or even a minor traffic violation.
Afterwards, the police may decide to contact ICE if they believe that you are an undocumented immigrant, or ICE may contact the police if they want to interview you regarding your immigration status. This most often happens when jails input detainee information into databases shared with ICE. In such cases, ICE will file what's called a "detainer." This means that ICE cannot get to you immediately, but is asking the police or jail to hold you for an additional amount of time so that ICE can interview you at a later time to determine whether or not to place you into removal (deportation) proceedings.
Under the law, the maximum amount of additional time that you can be held on ICE's behalf is 48 hours. If ICE does not take custody of you within those 48 hours, the law says you must be released. Placement Into Removal Proceedings
Once an undocumented immigrant is taken into custody, the deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a nonimmigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.
In order to initiate removal proceedings, the deportation officer will serve you and the Immigration Court with a Notice to Appear (NTA). The Notice to Appear lists the charges against you. You then have the right to see an Immigration Judge.
If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal.
Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught. Release on Immigration Bond
Once you are in immigration custody and have been placed into removal proceedings, one of the first things that the deportation officer will do is determine whether or not to grant you a bond. A bond will allow you to be released from custody and return to your home in the U.S. while removal proceedings are pending.
When determining whether to grant a bond and what amount of bond to grant, the officer will consider two things:
the risk that you will miss your immigration hearings, and
the danger to the community if you are released.
A conviction on your record for certain types of crimes can make you ineligible for a bond.
If the deportation officer refuses to grant you a bond, you have the right to ask an Immigration Judge to reconsider this decision. Additionally, if the deportation officer grants you a bond but it is too high for your family and friends to pay, you can ask an Immigration Judge to lower the bond. An immigrant bond can range anywhere from $1,500 to $25,000 depending on the individual circumstances of your case. Contacting Family or Friends
When an undocumented immigration is caught by ICE, he or she has the right to call a family member, friend, employer, or lawyer. You will have the opportunity to let someone know where you are so that they can assist you. When you are first detained by ICE, you have the right to make one free, local phone call. Afterwards, you are responsible for the cost of telephone calls, either by establishing an inmate account or by making collect telephone calls.
No, the ball is in Boehner's drawer, and it has been there for 15 months. And no, they have not made it clear that they want all illegals kicked out.
Actually they have made it perfectly clear they do not care if the illegals are crossing the border, it is not their agenda and never has been. The problem is some here actually believe their guys in the House do care and continue to make the claim it is all Obama's fault no matter how many times others point out the simple fact that without money there is little more they can do about the illegals than what they are already doing. People hear what they want.
Actually they have made it perfectly clear they do not care if the illegals are crossing the border, it is not their agenda and never has been. The problem is some here actually believe their guys in the House do care and continue to make the claim it is all Obama's fault no matter how many times others point out the simple fact that without money there is little more they can do about the illegals than what they are already doing. People hear what they want.
While others form things like the TEA Party to oppose it. (And then are chastised and labeled).
What good would passing another Bill do ? Congress passes bill after bill and it doesn't solve anything. Go down there and DO IT, quit pussyfooting around and just do it !! Secure the border and ship back anyone that makes it through, and I mean everyone !
Exactly. Enforce the existing laws which are better than the new "Pathway" law proposals anyway! What they really mean when they say "reform" is "repeal".
The point is valid, but the practical application is awful.
Right now, if someone comes here from a country other than Mexico or Canada and are apprehended, they aren't immediately deported. In most cases, they are given a summons to appear and are never heard from again.
Our current system and laws do not do a good enough job of preventing illegal entry.
Any new law will make deportation even less likely.
The following is what can and does occur per the LAW.
One of the greatest fears that undocumented immigrants have is being caught by U.S. immigration authorities. Often, this fear stems from the belief that they will immediately be deported to their home country without the chance to say goodbye to family and loved ones. Other times, it is the fear of the unknown, as in, "What will happen to me if I am caught?"
The good news is that undocumented immigrants have certain rights when arrested by Immigration and Customs Enforcement (ICE). This agency must follow established procedures to help protect those rights. ICE Arrests and 48-Hour Detainers
There are a number of ways that an undocumented immigrant can come into ICE custody. For instance, you may be arrested during a workplace raid. Or, you may be arrested at your home. Keep in mind that if an immigration officer comes to your home, you do not have to let him in unless he has a warrant. Because of their enforcement priorities and limited resources, ICE officers are more likely to look for you in your home if you have been convicted of a crime.
Additionally, the initial arrest of an undocumented immigrant may not necessarily be by ICE. You may be taken into custody by another law enforcement agency -- for example, state or local police, following a criminal arrest or even a minor traffic violation.
Afterwards, the police may decide to contact ICE if they believe that you are an undocumented immigrant, or ICE may contact the police if they want to interview you regarding your immigration status. This most often happens when jails input detainee information into databases shared with ICE. In such cases, ICE will file what's called a "detainer." This means that ICE cannot get to you immediately, but is asking the police or jail to hold you for an additional amount of time so that ICE can interview you at a later time to determine whether or not to place you into removal (deportation) proceedings.
Under the law, the maximum amount of additional time that you can be held on ICE's behalf is 48 hours. If ICE does not take custody of you within those 48 hours, the law says you must be released. Placement Into Removal Proceedings
Once an undocumented immigrant is taken into custody, the deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a nonimmigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.
In order to initiate removal proceedings, the deportation officer will serve you and the Immigration Court with a Notice to Appear (NTA). The Notice to Appear lists the charges against you. You then have the right to see an Immigration Judge.
If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal.
Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught. Release on Immigration Bond
Once you are in immigration custody and have been placed into removal proceedings, one of the first things that the deportation officer will do is determine whether or not to grant you a bond. A bond will allow you to be released from custody and return to your home in the U.S. while removal proceedings are pending.
When determining whether to grant a bond and what amount of bond to grant, the officer will consider two things:
the risk that you will miss your immigration hearings, and
the danger to the community if you are released.
A conviction on your record for certain types of crimes can make you ineligible for a bond.
If the deportation officer refuses to grant you a bond, you have the right to ask an Immigration Judge to reconsider this decision. Additionally, if the deportation officer grants you a bond but it is too high for your family and friends to pay, you can ask an Immigration Judge to lower the bond. An immigrant bond can range anywhere from $1,500 to $25,000 depending on the individual circumstances of your case. Contacting Family or Friends
When an undocumented immigration is caught by ICE, he or she has the right to call a family member, friend, employer, or lawyer. You will have the opportunity to let someone know where you are so that they can assist you. When you are first detained by ICE, you have the right to make one free, local phone call. Afterwards, you are responsible for the cost of telephone calls, either by establishing an inmate account or by making collect telephone calls.
Yes, those are the laws, and strangely the same people who insist "enforce the laws" also argue the laws are stupid because they make deportation very difficult.
Yes, those are the laws, and strangely the same people who insist "enforce the laws" also argue the laws are stupid because they make deportation very difficult.
So are you for illegal immigration, or against it?
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