BuddyColt
Member
Is it really Illegal?
Is coming into the United States really illegal? Should it be illegal? Are the anti immigrant / National Socialists right or wrong?
Im going to do this in several parts because it is difficult and you should take your time, reading each post, thinking it over and responding only after meditating on the facts versus the myths widely believed.
Im starting this thread and there is nothing new, but it if it all appears at the beginning of a thread, you can see the circus atmosphere that the National Socialists will start because they cannot prevail over the facts. All you should do is concern yourself with is the facts. YOUR Liberty depends upon it.
The first FACT is that there are no laws making it a crime to be in the United States without papers. The National Socialists will try and dispute it, but we will present irrefutable facts. The reason this is important is that if they are allowed to create bad precedents in interpreting the law, it will have a net negative impact on YOUR Rights and Liberties. So, lets get right to it.
The only statute the National Socialists can come up with is Title 8 USC 1325 to attempt to prove a supposed crime of illegal immigration (which absolutely does not exist.) My commentary on the statute is in red. It is fully quoted:
8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien
Notice that this is a civil section of the law. It is not a criminal title. It is talking about an improper action, not an illegal one.
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
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 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
Notice that under this section, several infractions / crimes are being discussed. Title 8 (Eight) does not impose a criminal penalty, but defers the criminal consequences to Title 18
(b) Improper time or place; civil penalties
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
Improper Entry is not a crime in Title 18; therefore, an immigrant cannot be charged with a crime for improper entry since none exists in Title 18 (Eighteen); however, there is the civil penalty of up to $250
(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.
The civil penalties are different from the criminal charges and are treated separately. For instance, the criminal courts may fine a foreigner a total of one amount for lying to authorities and evasion (they may even suspend the criminal penalties) but that has no bearing on the civil penalties for improper entry (which consist of a fine of up to $250 and deportation)
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both. (End of Statute)
YOUR Liberties depend upon a correct interpretation of the facts.
Is coming into the United States really illegal? Should it be illegal? Are the anti immigrant / National Socialists right or wrong?
Im going to do this in several parts because it is difficult and you should take your time, reading each post, thinking it over and responding only after meditating on the facts versus the myths widely believed.
Im starting this thread and there is nothing new, but it if it all appears at the beginning of a thread, you can see the circus atmosphere that the National Socialists will start because they cannot prevail over the facts. All you should do is concern yourself with is the facts. YOUR Liberty depends upon it.
The first FACT is that there are no laws making it a crime to be in the United States without papers. The National Socialists will try and dispute it, but we will present irrefutable facts. The reason this is important is that if they are allowed to create bad precedents in interpreting the law, it will have a net negative impact on YOUR Rights and Liberties. So, lets get right to it.
The only statute the National Socialists can come up with is Title 8 USC 1325 to attempt to prove a supposed crime of illegal immigration (which absolutely does not exist.) My commentary on the statute is in red. It is fully quoted:
8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien
Notice that this is a civil section of the law. It is not a criminal title. It is talking about an improper action, not an illegal one.
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
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 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
Notice that under this section, several infractions / crimes are being discussed. Title 8 (Eight) does not impose a criminal penalty, but defers the criminal consequences to Title 18
(b) Improper time or place; civil penalties
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
Improper Entry is not a crime in Title 18; therefore, an immigrant cannot be charged with a crime for improper entry since none exists in Title 18 (Eighteen); however, there is the civil penalty of up to $250
(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.
The civil penalties are different from the criminal charges and are treated separately. For instance, the criminal courts may fine a foreigner a total of one amount for lying to authorities and evasion (they may even suspend the criminal penalties) but that has no bearing on the civil penalties for improper entry (which consist of a fine of up to $250 and deportation)
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both. (End of Statute)
YOUR Liberties depend upon a correct interpretation of the facts.