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Ubaldo Jimenez Detained in AZ As Illegal

Discussion in 'Anything goes' started by Boom_70, Apr 29, 2010.

  1. LongTimeListener

    LongTimeListener Well-Known Member

    There wouldn't have been any reason for this or any other law if John McCain the presidential candidate had supported the bill authored by John McCain the senator. He didn't, the guest-worker program went down to defeat, and here we are.
     
  2. Buck

    Buck Well-Known Member

    A bad law is a bad law. It's poorly conceived at best.
    It doesn't matter whether you agree with the alleged intent.
     
  3. Baron Scicluna

    Baron Scicluna Well-Known Member

    The difference, of course, is that no one is getting killed for being a tax cheat.

    To me, the law smacks of facism, and I can just see an incident coming up where someone gets hurt or killed because of overzealous cops, or someone gets sent back to Mexico who is here legally.

    But at the same time, I can understand the frustration of the people in Arizona who support the law. There are over 400,000 illegals in the state. That's an awful lot of people to be devoting state resources to.
     
  4. Just_a_fan

    Just_a_fan Member

    Actually, it's not. Deportation is a civil matter, not a crime.
     
  5. The Big Ragu

    The Big Ragu Moderator Staff Member

    Violating our immigration laws is a criminal offense. The mechanism used for expelling someone from the country is a civil procedure.

    I'm no prosecutor and I don't know the criminal code like the back of my hand. But intuitively I knew that improper entry into the country is against U.S. law. I had to do a few clicks to find the relevant part of the U.S. Criminal Code. Here you go:

    http://codes.lp.findlaw.com/uscode/8/12/II/VIII/1325

    U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien

    If you read the code (and if I am understanding it correctly), entering illegally is a criminal offense, and it can be subject to criminal OR civil penalties, or both.

    You are correct about deportation being a civil matter. But that is because it is a procedural thing.
     
  6. Batman

    Batman Well-Known Member

    Not to mention what really stemmed this law -- the federal government basically looking to the sky and saying, "Immigration problem? What immigration problem?"
    The Arizona law is a direct result of the last two administrations ignoring the issue. Arizona got tired of waiting for the feds to do something, so it took care of its own business. Maybe this is a poorly-written law, I don't know. But at the risk of bringing up another taboo term, when this thing gets to the courts it's going to boil down to a crucial case of states' rights.
     
  7. PCLoadLetter

    PCLoadLetter Well-Known Member

    And the result will be Arizona gets its ass kicked, because a state has no right to meddle in a federal immigration issue.

    And while the last two administrations have been less than stellar in this regard, a huge amount of the blame goes to congress from what I've seen. Bush actually seemed to have a good grasp of the issues involved and the need for reform, but met with utter hostility in congress from people who have no understanding of border issues. Now Obama wants reform but the GOP is pretty much refusing to discuss it in an election year.

    It speaks volumes of the federal attitude that Arizona Governor Janet Napolitano spent years railing for the feds to send the National Guard to the border, but Homeland Security Secretary Janet Napolitano won't do anything.
     
  8. Just_a_fan

    Just_a_fan Member

    Interesting. Thanks for the link.

    I'm no lawyer either, but it seems that it is a crime to enter the country by lying to, misleading or avoiding immigration officials to get into the country.

    I know I'm picking nits, but it still looks to me like it isn't a crime to be here illegally. Just to try to get in illegally.

    If the authorities find an undocumented person, if they can't prove how he/she got in, how can they prove he/she committed a crime? If you can't prove a crime, a person isn't a criminal in my book. Again, I know it's picking nits.

    Edit:

    ...and just for fun
     
  9. Double J

    Double J Active Member

    It's of no concern now to that moron, because it doesn't directly affect her any longer.
     
  10. Double J

    Double J Active Member

    [​IMG]
     
    Last edited by a moderator: Dec 15, 2014
  11. No "states right" issue, though that "taboo" term is more red meat for "the base," because of this:

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    The U.S. Constitution is the "supreme law of the land." Arizona has about as much right to violate the Fourth Amendment as it does to declare war on Brazil.

    Again, it's not that Arizona got "tired of waiting" for the federal government to do something. Arizona isn't doing anything, either, except disgraceful, toothless pandering. Smart people on this board are buying it hook, line, and sinker, so I can only imagine what the less informed and thoughtful portion of our citizenry thinks. Framing it as the battle between those who want to be tough on illegals and those who want to welcome them with open arms is probably effective politically, but that's not what the objection is actually over.
     
  12. Flying Headbutt

    Flying Headbutt Moderator Staff Member

    http://www.thedailybeast.com/blogs-and-stories/2010-04-30/the-tea-partys-immigration-hypocrisy/
     
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