Illegal Immigration

There are a lot of opinions out there concerning illegal immigration.  I do not believe there is anything such as, “illegal” immigration.  There is only immigration and illegal entry.  To call an illegal entrant into this country an immigrant is to denigrate the immigrants that do the right thing by waiting their turn, paying their dues and, after receiving their documents, enter this country legally.  You can say there is illegal migration, but not illegal immigration.

Illegal Alien

Also known as an “Undocumented Alien,” is an alien who has entered the United States illegally and is deportable if apprehended, or an alien who entered the United States legally but who has fallen “out of status” and is deportable.

An undocumented or “illegal alien” is an alien who entered the United States illegally without the proper authorization and documents, or is an alien who once entered the United States legally and has since violated the terms of the status in which he entered the United States or has overstayed the time limits of his original status.  None of these people can be considered immigrants as they have not gone through the required protocol necessary to enter into the United States.

Non-immigrant Visas

A non-immigrant visa allows a non-immigrant to enter the United States in one of several different categories, which correspond to the purpose for which the non-immigrant is being admitted to the United States. For example, a foreign student will usually enter the United States on an F-1 visa, a visitor for business on a B-1 visa, an exchange visitor (including students, teachers, researchers, trainees, alien physicians, au pairs, and others) on a J-1 visa, a diplomat on an A or G visa, etc. The categories of non-immigrant visas correspond exactly to the “non-immigrant status” assigned to each non-immigrant upon his arrival, based on the purpose for which the non-immigrant was admitted to the United States. For example, a foreign student who enters the United States on an F-1 visa is considered to be in F-1 student status after he enters the United States; and he will remain in that status until he violates the conditions prescribed for that status, or until he changes to another non-immigrant or immigrant status with USCIS permission, or until he leaves the United States.

Approximately 95% of the foreign academic students in the United States have entered the country on F-1 (student) or J-1 (Exchange Visitor) visas. Foreign vocational students usually enter the United States on M-1 visas. Foreign students and faculty members might also enter the United States on Q (Cultural Exchange Visitor) visas; however, the number who do so is small. A large number of foreign teachers and researchers have entered the United States on J-1 (Exchange Visitor) visas; but a great many of the foreign faculty members have also entered the United States on H-1b visas (Specialty Occupation), O-1 visas (Alien with Extraordinary Ability), and TN visas (NAFTA Professional from Canada or Mexico).

Most students in F-1 or J-1 status have no specific time limits imposed on their stay in the United States (evidenced by the notation D/S (Duration of Status) on their immigration Form I-94), while aliens in most other nonimmigrant statuses have various time limits imposed on their stay in the United States. Aliens in some nonimmigrant statuses are allowed to be employed in the United States, while nonimmigrants in other statuses are not. Non-immigrants who are allowed to be employed in the United States can usually get a United States social security number.

Earlier this year, the president signed an order to spare nearly 1 million young illegal migrants (“brought to the United States through no fault of their own as children”) from deportation. Last year the administration halted the deportation of hundreds of thousands of illegal migrants with no criminal records.

That does not mean they are not involved in continued criminal activity once they get here.  Many believe that once they get here, crossing the border illegally is the only crime they commit.  That is not true for a great majority of them.  After they arrive, the first thing many do is obtain a false I.D. card, a false Social Security Card and a false Drivers license, all illegal activity.

Because there are a wide range of crimes that can result if you carry, make, or use a fake ID, there are also a wide range of possible penalties associated with that activity. In most situations where a person uses a fake ID, the crime is charged as a misdemeanor offense. However, false IDs can also result in felony charges depending on the situation and the state, such as if you use a fake ID to purchase a firearm or if you have a fake driver’s license and use it to apply for state or federal benefits, apply for a loan, etc. In some states, possessing any forged government identification is a felony offense.

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

“Any person who  encourages or induces an alien to  reside  knowing or in reckless disregard of the fact that such  residence is  in violation of law, shall be punished as provided  for each alien in respect to whom such a violation occurs  fined under title 18 imprisoned not more than 5 years, or both.”

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

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.

The Immigration and Nationality Act of 1952 (INA), also known as the McCarran-Walter Act, eliminated all race-based quotas, replacing them with purely nationality-based quotas. The INA continues to influence the field of American immigration law. To enforce the quotas, the INA created the Immigration and Naturalization Service (INS). The INS served as the federal agency that enforced these caps for remainder of the 20th century.

States have limited legislative authority regarding immigration, and 28 U.S.C. § 1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country.

What say you on this issue?  Are you fer it or agin it?  Leave your thoughts.

 

 

5 comments

  • Carlos Zamorano

    He diden’t break any laws because when he was here, there was no U.S.

  • According to a former senior military leader, Obama is using a new “litmus test” in determining who will stay and who must go in his military leaders. The new litmus test of leadership in the military is if they will fire on US citizens or not. Those who will not are being removed. It said Obama has ordered hundreds of officers to leave the military when they said they would not consider it. Could this then explain the open access of our borders and the subsequent granting of immunity to millions of illegals…because Obama wants them to join the military? I’m quite sure that not all of these 11 million “illegals” are here for the sole purpose of the freedom of living in America and would not hesitate to use arms on U.S. citizens.

    • Carlos Zamorano

      You bring up an issue that few people have stopped to consider. One that is extremely important to every American. During more than one of his speeches, the president stated that he wanted to create the establishment of a Civilian National Security Force. He said that he wanted it to be just as powerful, just as well funded and just as strong as the U.S. military. It is called the Civilian National Security Force.
      It is well established by history that every dictator anywhere in the world, a private army is necessary in order to control the masses.
      Over the past six years, we have seen the president take over more and more control over virtually everything in this country via executive fiat.
      The president has attempted to regulate gun sales, restrict ammunition sales and attempt to ban certain guns from importation into the country; he has fired numerous military generals for refusing to state they would be willing to fire upon American civilians if necessary. I am guessing that this is the result of his attempting to find those to fill the upper echelon in his private army. Add to that the 1.6 billion hollow point bullets purchased by DHS; 2,700 armored vehicles with riot gear all of which have been distributed around the country to police departments, none of which requested them. There are more than rumors that FEMA ordered over one hundred thousand railroad cars with shackles in them and has placed various concentration camps located around the United States. Put that all together and you begin to see a very sinister picture. Just go to the internet and put in, “boxcars with shackles” and see what comes up. Then put in, “FEMA concentration camps in the U.S.A.” You will see where the camps are located.
      If and when it happens that the president uses his personal army, there will be some Americans who will offer no resistance to allowing the government to do whatever it wants so long as they believe it will not impact their lives. The problem lies with the fact that there are not enough patriots who can be rallied in time to confront the attack. They will not be prepared for it. It will be a very difficult situation.
      With respect to the illegals allowed into this country by the president, I do not know what his agenda is other than an attempt to gender more votes for the Democratic Party. If he wants to recruit them for his personal army, he will be going against the Constitution as allowing an illegal into the army would be to give the illegal a weapon. That is illegal under the Constitution. I refer you to Federal Law 18 U. S. C., Section 922(g) [1-9]. That specific law prohibits certain individuals from possessing firearms, ammunition or explosives. One of those certain individuals is an illegal alien.

      • Yes but he doesn’t seem to care what is “illegal” according to our constitution. He seems to be operating under his own.

        • Carlos Zamorano

          Exactly. He does not seem to have any respect for the Constitution by the conduct he has exhibited over the past six years in office. That is why Speaker Boehner wants to sue him. The legislators in Washington do not seem to have any influence over what he does as they have allowed him to do whatever it is he has wanted to do since he arrived in Washington. There is one representative that is in the process of constructing articles of impeachment, however, don’t hold you breath for that to happen.

          It appears the president applies his actions to his background and belief system. Although he says he is a Christian, he was raised Muslim, his background is Muslim, he was raised with people of Muslim influence and he praises Muslims to a greater degree than he does any other religion. He denied that the organization ISIS is Muslim because there is no religion that allows the killing of innocent children. He does not hesitate to criticize Christians going back as far as the crusades. What he does not say is that the crusades were all defensive as they were protecting themselves from slaughter. If the president can say that ISIS is not Muslim, then I can say that the people involved in the crusades were not Christian

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