No Sanctuary for Citizens

Good Morning -

I believe the case has been sufficiently made...awaiting Brian's response.

Have a great week all!

What's the illegal part of being an illegal immigrant? Is it a crime to simply be an undocumented immigrant residing in the United States? What about sneaking across the border?

The confusion lies in the legal difference between improper entry and unlawful presence. Here's what you need to know:

Improper Entry Is a Crime

To be clear, the most common crime associated with illegal immigration is likely improper entry. Under federal criminal law, it is misdemeanor for an alien (i.e., a non-citizen) to:

Enter or attempt to enter the United States at any time or place other than designated by immigration officers;

Elude examination or inspection by immigration officers; or

Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts.

The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" -- are criminal acts associated with illegally immigrating to the United States.

Like all other criminal charges in the United States, improper entry must be proven beyond a reasonable doubt in order to convict.

Unlawful Presence Is Not a Crime

Some may assume that all immigrants who are in the United States without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.

But mere unlawful presence in the country is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization, but this violation is punishable by civil penalties, not criminal. Chief among these civil penalties is deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the United States, or permanent residency.

Both improper entry and unlawful presence should be avoided by any immigrant to the United States, but an illegal alien cannot be criminally charged or incarcerated simply for being undocumented. To learn more, check out FindLaw's section on Immigration Law.

I recently learned more from a radio commentator. If I correctly remember and understand the points made, police and sheriffs are charged with enforcing criminal law; being an immigrant without the required documents is a matter of civil law; police and sheriffs may, with due process, arrest and hold criminals but may not arrest and hold those who have not complied with a civil law; once any criminal charge has been dealt with by a criminal court, an immigrant who has not acquired the requisite documentation may not legally be held by those charged with enforcing criminal law, and it is illegal for Trump to try to coerce them to do so. A comparable situation would be a street vendor not having the required permit. The punishment for non-compliance does not include being put in jail.

BP

Thanks. I guess we lost Brian?

Brian

Is your point, that not all of the illegal aliens, just the majority of them are criminals beyond just being illegal. Remember, it took only 19 Terrorists to successfully attack America on our own soil. The bigger picture is why should we allow any foreign criminals stay in the US and be protected by state and local government. What about protect and serve. Who are they supposed to protect and who are they actually serving.

You say " I've read that city police departments are hesitant to cooperate with ICE because that makes undocumented immigrants fearful of cooperating with the police, which makes solving local crimes more difficult. "

B:

This is an insane argument for them to make. We have major gang problems in the US cities and the fear of the gangs prevents people in those gang infested areas to cooperate with the police.

In the illegal alien scenario, if we get these criminals deported, why wouldn't the crimes go down in those areas of sanctuary?

If you commit a crime in Mexico, you might not survive the prison term. And it doesn't matter in Mexico, if you even committed the crime. BTW, Mexico protects its Southern Border, yet they don't want us to protect our Southern Border. It is also, Mexico's Northern Border, a border that is really in the control of the Mexican and other drug cartels.

So, Brian,tell us again what is your point!

I researched your claims. The site Politifact, citing ICE data, says that "close to 75 percent" of those ICE arrested were convicted criminals. That means that a quarter of them weren't. Of those ICE arrested January-April 2017, 30,473 were convicted criminal aliens and of those more than 2,700 were convictions for violent crimes. So of the roughly 75% arrested who were criminals, over 90% had not committed violent crimes. I have seen descriptions of cases in which a teenager committed a crime, such as a theft, was dealt with appropriately by the courts, thereafter lived a model life, and decades later was arrested and deported by ICE as a "convicted criminal". I've read that city police departments are hesitant to cooperate with ICE because that makes undocumented immigrants fearful of cooperating with the police, which makes solving local crimes more difficult. For more on this, see the online Boston Review article "Whom Do Sanctuary Cities Protect" by Lauren Carasik.

POP

So true!

Pop

At this point, it is no more than a rumor about these intelligence people running as democrats. But, it sounds as daffy to be true. Who would have ever believed that anyone in the US would support sanctuary cities and states to prevent the deportation of illegal aliens that commit serious felonies in the US. What would happen if even American Tourists would commit any crime in Mexico. They would rot in jail.

POP

If I leave, then the democrats would have gained two votes, :)

The hot CA sun probably creates democrats from people that don't find shade. :)

As for NJ, probably brain freeze from the winter frost, and malaria from the humid summer months.

We would be happy in the middle of the country, at least politically. But, I think you would have had to be born there.

BTW, did you hear who is going to run for the 2018 elections. US Intelligence agency people. They will be coming out of the deep state closet. Scary!

Pop

Twice the people of California voted Jerry Brown as the governor. I guess California has been the cesspool of democrats forever, with the exception of Ronald Reagan. I grew up in Manhattan and Long Island another cesspool for democrats.

If people wanted to know what the United States would be like under an election to election never ending democrat controlled congress and president, they only have to look to California.

Governor Brown told president Trump NO WALLS for California and he Brown is building bridges and he referenced the California High Speed Rail as his bridge. Yet, the project is way behind, over budget and this is the only train that doesn't have tracks built.

At the same time, the infrastructure of CA is not maintained, new ones have been rejected. CA is a desert and we continually go into drought, yet CA politicians didn't approve a single dam or solution for the drought. Conservation of water is their only theme. With the CA population doubling since Jerry Brown's first governorship in the 1980s, conservation just isn't viable. As millions sneak into CA they should be required to bring their own water. :)

Has anyone been able to intelligently explain why CA and other sanctuaries want to keep Convicted Felons from being deported. They have already proved beyond a reasonable doubt that they are criminals.

Along with Hillary and federal democrats, Brown and his democrats need to be indicted and put into prison.That we they will be very close to those felons they are giving sanctuary.

With the CA democrat logic, it is no wonder that the CA education system is so bad.

The INN is the only sanctuary for people living in the democrat fouled up states. Eat drink and be merry because the next election brings more democrats. yuck.

I cannot make it to the Inn just yet, but I feel a lot more comfortable knowing... that people like you all (ya'll as we say here in the South) are on this journey with me!

US News and World Report just came out with this predictable statistic: Out of all 50 US States, California was rated 50th for Quality of Life...California, my State of birth, has turned into a cesspool of political corruption, opportunism, and a social cancer that ignores its own legal residents and denies them Federal and local protection while providing a safe haven for illegal criminal aliens...

Beam me up, Scotty...California is totally wacko and has been since Jerry Brown's first iteration as it's governor...His father, "Pat" Brown, was governor during the 60's campus unrest at Bezerkly and the race riots in Watts as California introduced us to "progressive" liberalism...Willie Brown, no relation to Moonbeam, rose from the ashes of conservative San Francisco and became the king-maker for California Democratic politics, which have dominated that state since...

California's slide into that cesspool has been going on for nearly 60 years...Small wonder the state is now defying the federal government...What you allow is what you teach, and the California voter has allowed the progressives to run amuck with their freedoms and safety, one proposition after another...

See you at the Inn, Pop...Save me a chair near the door, I need some of that New England chill to circulate under my rather hot collar...

Hey there, pop! Good to see you, Tevya too, Speaking of, "sanctuaries," I believe I have created one around myself & my loved ones, It may only be imaginary, but it's all I could do until the crooked, crazy politicians CEASE breaking the law, protecting ILLEGALS who can kill, rape, loot and destroy at will and then HIDE.

This is the literal definition of insanity and another description for liberal loons who are quickly destroying our country & our Constitution. These people are seriously dangerous. How can any decent, intelligent American support support such chaos??

You are so right POP. A country is no more without our borders. The way to stop this insanity is to go the legal route. Take on the ACLU and elect judges that stand up for our Constitution. Take these mayors and governors to court. If necessary, indict them for aiding and abetting criminals.

I always enjoy your articles Pop, and this one is no exception. I give thanks each day for being born in a time when life was so simple.

Governors and mayors who support open borders have furthered their agenda by declaring sanctuary states/cities, and they have the support of far left organizations such as the ACLU - they help provide $$ for courtroom battles.

We're in lawless times my friend, so federal law doesn't mean squat to them. Perhaps when we lose a city, they'll wake up.

Pops I have missed you!

This is so good. My favorite of yours to date.

You are making way too much sense....hear, hear and cheer, cheer. Love it!

I don't understand how these people get away with defying the laws of the land. There will be many American's harmed by the criminal element.

On a slightly different topic, I always wonder why people don't go through the legal process to become legal citizens. At this point I think it's because the illegals who come into our county unlawfully have been allowed to do so for so long and are rewarded for their crime by getting various financial types of assistance. I lived in California for half of my life. There hispanic population is probably greater than caucasian. I have seen a great many working hard working families. I don't know if they get assistance or not, but at least they're working. That still doesn't make it right to come in illegally.

A few years back there was a kind of documentary about Cesar Millan, the Dog Whisprer. He talked about the hardships of living in Mexico and crossed the border illegally. He took the camera's to the spot where he crossed the border, there was no conscience about it. It was glorified. He expressed his gratitude for what opportunities America has offered him. In 2009 he was finally granted US citizenship. He came as a teenager and was 37 when he got his citizenship. It really bothers me that the documentary glorified his illegal and clandestine entrance into America.

Pop and Tevya,

If I were a politician (bite your tongue Tom) Maybe I could understand the urge to do ANYTHING to allow prospective voters to stay in this country regardless of their status as citizens, lawless, criminals or whatever. Then again I would not be a Progressive Democrat Scofflaw so I doubt it. The Mayor of Oakland, Governor and Attorney General of California should be ruling as inmates of Gitmo since their policies are domestic terrorism personified.