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Another example is the fact that being illegal in the US is not a crime but an administrative infraction. People have a hard time with this but it's another de facto law. No where will you find that being illegal is classified as a crime or at least I couldn't find it. The only thing written down is that if you are found to have entered illegally into the US you are to be deported. No real law written just the regulation and after years of being followed another de facto law.
INA: ACT 275 - ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEALMENT OF FACTS
Sec. 275. [8 U.S.C. 1325]
(a) 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, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.
(b) 1/ 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.
(a) It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in section 238 , bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by section 254(a) ) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $3,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accor dance with such proceedings as he shall by regulation prescribe. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the appropriate United States court.
My opinion is irrelevent and so is yours to be honest.
Originally posted by chise61
reply to post by daskakik
Actually you are the one who continued to argue the point, I said that we should stop going round in circles and agree to disagree awhile ago. And I have made it perfectly clear what the laws really are and that the Feds need to uphold the actual laws, not their interpretations of those laws. If the would do what they're supposed to do the states wouldn't have to do their jobs for them.
My opinion is irrelevent and so is yours to be honest.
And that is the biggest problem in this country today, the fact that they have all forgotten that they work for us and it is our opinions that are to be the relevant ones.
As long as they keep upholding their "de facto laws" states like Arizona will continue to start to uphold the actual laws. These people are commiting an actual crime when they enter this country without permission, it's on the books and someone needs to enforce it. What I don't understand is why some don't question why these laws are not being enforced on the federal level like they should be, and why some seem to care less that the citizens of this country must obey our laws or face the reprocussions of their actions while those that sneak across our border are free to break our laws and be rewarded for it
Chise I ain't fighting with you just trying to clear up my point and that is that the feds are within the system in the way they do things.
It may not be the smartest way or the way most americans want but they have set it up so that it's legal until they get called on it. That is the real problem. Americans have gotten so used to the idea that their freedoms were bought and payed for by their forefathers that they forget that the federal government will always try to gain more power and that they must secure those freedoms. It's good that things get said on forums and in other places but if it just ends there and no real fight is given then it really doesn't change anything.
Illegal immigration has been handled that same way for the past 50 years as far as I know. As another forum member has pointed out, it wasn't a problem until the economy went south. All that time most americans didn't worry about the illegals or their babies getting citizenship and this allowed the fed to use their interpretation of the 14th and their immigration policy without opposition. Do they have the right? Sure they do all those years of not challanging constitutes silent acquiescence.