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Supreme Court will hear Arizona immigration case

The general rule is that states can enforce federal *criminal* law but not federal civil law (without explicit permission). Immigration status is a civil matter. In other words, this isn't a case of the states doing what states normally do. It would be an unusual expansion of state enforcement power.

Isn't being an illegal immigrant a crime punishable by arrest? If so, its no longer civil, it's criminal.
 
I'm sure you're right -- these Alabama farmers are just lying ... because ... they just ove illegal aliens. Or something.

UPDATED (4): Farmers call for halt to new law (WITH VIDEOS) » Top News » CullmanTimes.com - Cullman, Alabama

I doubt these farmers are actually having a hard time find legal workers. Because they have two option they could do.Raise the wages high enough attract legal workers because legal workers will not work for the same wages illegals will work for. Seeing how H2A VISAs are petitioned by the employer and not the employee that means it is up to these farmers to get legal migrant workers.
 
No, actually it isn't a crime punishable by arrest. Just ask then U.S. Attorney Chris Christie: Christie: Being undocumented not a crime for all immigrants - New York Daily News

Christie is full of ****.
Illegal Immigration IS A CRIME!
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:


* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* 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;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
 
Christie is full of ****.
Illegal Immigration IS A CRIME!
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:


* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* 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;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

You're forgetting that around 40% of undocumented immigrants did not enter illegally.

So again, the mere fact of being in the country without proper documentation is not a crime.

PolitiFact | Democratic Rep. Gutierrez says 40 percent of illegal immigrants overstay visas
 
No, actually it isn't a crime punishable by arrest. Just ask then U.S. Attorney Chris Christie: Christie: Being undocumented not a crime for all immigrants - New York Daily News

You're own article states that entering the country illegally is a federal misdemeanor. And irregardless of whether they came here legally but overstayed thier visa or if they came across the border they will get arrested. The only difference being that one that stayed past thier visa is not charged with a crime where as one that crossed the border will. But in both cases they will be arrested.
 
You're forgetting that around 40% of undocumented immigrants did not enter illegally.

So again, the mere fact of being in the country without proper documentation is not a crime.

PolitiFact | Democratic Rep. Gutierrez says 40 percent of illegal immigrants overstay visas

And the punishment for overstaying your visa is deportation, and ban of either 3-years(more than 180 days overstayed) or 10-years(more than 1 year overstayed) for re-entry, into the states.

These rules were set into law in 1996.
 
The general rule is that states can enforce federal *criminal* law but not federal civil law (without explicit permission). Immigration status is a civil matter. In other words, this isn't a case of the states doing what states normally do. It would be an unusual expansion of state enforcement power.

Holey god, state power expanding for a change instead of federal!!!!????


No wonder you are against it.
 
People are willing to take those jobs even with the "government cheese". Or are you saying that those on welfare are lazy?
Far too many are...yes. And worse, in many cases the financial incentive is greater to stay on unemployment and welfare than working. That can and should be addressed as well.
 
You're own article states that entering the country illegally is a federal misdemeanor. And irregardless of whether they came here legally but overstayed thier visa or if they came across the border they will get arrested. The only difference being that one that stayed past thier visa is not charged with a crime where as one that crossed the border will. But in both cases they will be arrested.

Yes, someone who overstayed can be detained, but the mere fact of being in the country without documentation is not a crime -- my point.
 
I USED to pay my car insurance, then I stopped. I still drive.


Crime or no?

Depends on what state you live in and what their laws say.
 
Yes, someone who overstayed can be detained, but the mere fact of being in the country without documentation is not a crime -- my point.

Since it sounds like you are approaching a dictionary defense, what is a crime, to you?
 
Yes, someone who overstayed can be detained, but the mere fact of being in the country without documentation is not a crime -- my point.

Give an example of how someone could be in the country without any documentation, and it NOT be criminal?
 
Depends on what state you live in and what their laws say.

Having car insurance is required by federal law, in order to drive. The presence of interstate highways require this. To AMOUNT of insurance is the only thing that changes from state to state.
 
Also....It's ok for states to decide about car insurance, but not the enforcement of existing immigration laws?
 
Since it sounds like you are approaching a dictionary defense, what is a crime, to you?

A crime, to anyone, is the violation of a law in a state or federal criminal code, generally punishable by a fine and/or imprisonment.
 
Also....It's ok for states to decide about car insurance, but not the enforcement of existing immigration laws?

That's right. Unlike immigration, there is nothing in the Constitution saying the federal government has exclusive jurisdiction over auto insurance.
 
Give an example of how someone could be in the country without any documentation, and it NOT be criminal?

If someone comes here on a student, work, or tourist visa, and overstays, they have not committed a criminal violation. It is a civil violation and the worst that can be done to them is deportation.
 
Give an example of how someone could be in the country without any documentation, and it NOT be criminal?


Sex slave.

Kidnapping.

Seeking political asylum.

Refugee.

Newborn infant.

Wrong turn at Albuquerque...
 
I'm not normally a Federalist but I would be reluctant to let the States decide this issue, since they have been increasingly radical about it. I do think illegal immigration law should be enforced but some of the laws the States have tried passing have been a bit over the top. Illegals are still human beings and should not be treated as the enemy, as there are humanitarian concerns involved in a lot of the cases.

Should be interesting to see how the courts weigh in on this.
 
I'm not normally a Federalist but I would be reluctant to let the States decide this issue, since they have been increasingly radical about it. I do think illegal immigration law should be enforced but some of the laws the States have tried passing have been a bit over the top. Illegals are still human beings and should not be treated as the enemy, as there are humanitarian concerns involved in a lot of the cases.

Should be interesting to see how the courts weigh in on this.

Agree with your last point on seeing how the court responds.

Ever wonder why illegals don't try and work to fix their own country? Guess I don't have as bleeding heart as you.
 
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