Federal judge blocks TX "show your papers" law

[Crixus]

An illegal alien is someone who is living in the United States illegally; either without the correct legal documentation or by violating the terms of documentation, such as overstaying the time period specified on a tourist or student visa. Illegal aliens have no legal status in the United States. Among other things, illegal immigrants cannot vote, receive social services from federally funded programs, social security benefits, or hold United States passports.

Illegal aliens are subject to detainment and deportation at any time, as are legal aliens if they commit and are convicted of a crime.

If being an illegal alien was a crime, why aren't they in jail?

Because it's not a crime, it's an administrative violation, subjecting them to deportation.

Wrongo. That's what you FEEL, but as is typical with emotional statements, it's about as far from accurate as can be. This is off a lawyers website. At the bottom is a link to the law.



Is it a Crime to Enter The U.S. Illegally? - AllLaw.com

Whether it’s by crossing the U.S. border with a "coyote" or buying a fake U.S. passport, a foreign national who enters the U.S. illegally can be both convicted of a crime and held responsible for a civil violation under the U.S. immigration laws. Illegal entry also carries consequences for anyone who might later attempt to apply for a green card or other immigration benefit.

The penalties and consequences get progressively more severe if a person enters illegally more than once, or enters illegally after an order of removal (deportation) or having been convicted of an aggravated felony.

What Is Illegal Entry?
The immigration law actually uses the term "improper entry," which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point. Improper entry can include:

• entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
• eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend’s car)
• attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).

(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language - www.uscis.gov/laws/immigration-and-nationality-act.)

 

[Crixus]

Again, you are a moron.

There are different types of JURISDICTION IDIOT.

The First JURISDICTION is Immigration Law in THE US which applies to all NON CITIZENS.
The Bill of Rights does not apply to these people, and that is why we can Detain and Deport them without a trial, and the second it is verified they are illegal boot their ******* asses out of THE US. DUE PROCESS DOES NOT APPLY.

The 2nd Level of Jurisdiction is US FEDERAL CODE. Illegals come under US JURISDICTION WHEN THEY VIOLATE IT, and THEN THEY CAN HAVE A TRIAL, NOT FOR entering the country illegally, but for Violating US CODE, and for SENTENCING. After Sentencing and serving it, they are remanded back to the 1st level and should be immediately deported.

The 3rd and 4th levels of Jurisdiction, are State and Local codes.

An IlIegal under the 1st level can violate the 2nd, 3rd and 4th levels of Law, and come under that jurisdiction and be prosecuted for offenses. After they serve sentence, they are remanded back to the 1st level where DUE PROCESS does not apply, same as when they are remanded from 2nd Level back to 1st under IMMIGRATION LAW.

Just get the **** out of here, because you have ZERO Knowledge about THE LAW.

Ok, I will post yet another video of people refusing to show their ID at border checkpoints, because the BP has no constitutional right to demand IDs unless they have probable cause that you are committing a crime:

?----/ Why be a dick? Are you hiding something?

It may not appear this way to you, but I am trying to hide my contempt for those that want to repeal the Bill of Rights.

No one wants to do that. Hell, I like guns, porn (old school 80's) I like to come on here and say tasteless nasty things. Simply being able to prove who you are is not an assault on your rights. Matter of fact, it is a way of protecting them. When I used to go to Mexico I had to show ID to get across . Same for when I went into and out of Canada. Now I guess you need a passport. State ID, $21.00. Passport mine was 110 when I got it. Both were easy.

If you don't mind someone trampling on your civil rights, that is fine with me. If someone tramples on mine, it is NOT alright with me.

At what point is asking me for ID unconstitutional?

 

[Crixus]

BTW, folks, you don't have to cooperate at a DUI checkpoint unless they have probable cause, either:

No, but you'll more than likely be arrested if you don't.

Arrested for what?

For not cooperating. Now, you don't have to answer questions, etc. But you just can't not cooperate. You can't refuse to stop, you can't refuse to roll down the window. You can refuse to take a breath test and you know what? They'll lock your ass up and forcibly draw blood from you.

{sigh!}

Yeah, I thought they stopped the sober check points? I know lawyers always say to refuse the breathalyzer out right.

 

[Vandalshandle]

Ok, I will post yet another video of people refusing to show their ID at border checkpoints, because the BP has no constitutional right to demand IDs unless they have probable cause that you are committing a crime:

?----/ Why be a dick? Are you hiding something?

It may not appear this way to you, but I am trying to hide my contempt for those that want to repeal the Bill of Rights.

No one wants to do that. Hell, I like guns, porn (old school 80's) I like to come on here and say tasteless nasty things. Simply being able to prove who you are is not an assault on your rights. Matter of fact, it is a way of protecting them. When I used to go to Mexico I had to show ID to get across . Same for when I went into and out of Canada. Now I guess you need a passport. State ID, $21.00. Passport mine was 110 when I got it. Both were easy.

If you don't mind someone trampling on your civil rights, that is fine with me. If someone tramples on mine, it is NOT alright with me.

At what point is asking me for ID unconstitutional?

When the law enforcement officer demands your ID without probable cause, as outlined in the 4th Amendment.

Fourth Amendment to the United States Constitution - Wikipedia

 

[Cellblock2429]

Ok, I will post yet another video of people refusing to show their ID at border checkpoints, because the BP has no constitutional right to demand IDs unless they have probable cause that you are committing a crime:

?----/ Why be a dick? Are you hiding something?

It may not appear this way to you, but I am trying to hide my contempt for those that want to repeal the Bill of Rights.

No one wants to do that. Hell, I like guns, porn (old school 80's) I like to come on here and say tasteless nasty things. Simply being able to prove who you are is not an assault on your rights. Matter of fact, it is a way of protecting them. When I used to go to Mexico I had to show ID to get across . Same for when I went into and out of Canada. Now I guess you need a passport. State ID, $21.00. Passport mine was 110 when I got it. Both were easy.

If you don't mind someone trampling on your civil rights, that is fine with me. If someone tramples on mine, it is NOT alright with me.

At what point is asking me for ID unconditional?

/----/ You need to ask an attorney

 

[radical right]

VIsa oversatay is not a crime, it's an administrative violation.

Link.
.

Is overstaying a criminal offense in USA? Does - Q&A - Avvo
Elizabeth Nicole Kozycki
Immigration Attorney | Atlanta, GA

• Posted on Nov 4, 2015
• Best Answer

Overstaying is not a criminal offense.

Can immigration put me in jail for overstaying on a visa?

M.D., Member, California And New York Bar / FreeAdvice Contributing AttorneyAnswered 6 years ago | Contributor

Overstaying a visa is not a crime in the US. While it is a misdemeanor to enter the US without being processed, it is not a crime to be in the US illegally. Therefore as a general matter, you cannot be jailed for trying to return. You can however subject your self to civil penalties; for example removal and a ban on getting another visa.

 

[Crixus]

?----/ Why be a dick? Are you hiding something?

It may not appear this way to you, but I am trying to hide my contempt for those that want to repeal the Bill of Rights.

No one wants to do that. Hell, I like guns, porn (old school 80's) I like to come on here and say tasteless nasty things. Simply being able to prove who you are is not an assault on your rights. Matter of fact, it is a way of protecting them. When I used to go to Mexico I had to show ID to get across . Same for when I went into and out of Canada. Now I guess you need a passport. State ID, $21.00. Passport mine was 110 when I got it. Both were easy.

If you don't mind someone trampling on your civil rights, that is fine with me. If someone tramples on mine, it is NOT alright with me.

At what point is asking me for ID unconstitutional?

When the law enforcement officer demands your ID without probable cause, as outlined in the 4th Amendment.

Fourth Amendment to the United States Constitution - Wikipedia

Okay, now that has likely been hashed out and settled a bunch of times, but what is unreasonable search and seizure? And really, the 4th should not apply to non citizens, especially after violating the laws I linked to above. That aside, how would asking for is to vote be unreasonable search and seizure? I mean, if it were why didn't the judge just say that?

 

[Crixus]

VIsa oversatay is not a crime, it's an administrative violation.

Link.
.

Is overstaying a criminal offense in USA? Does - Q&A - Avvo
Elizabeth Nicole Kozycki
Immigration Attorney | Atlanta, GA

• Posted on Nov 4, 2015
• Best Answer

Overstaying is not a criminal offense.

Can immigration put me in jail for overstaying on a visa?

M.D., Member, California And New York Bar / FreeAdvice Contributing AttorneyAnswered 6 years ago | Contributor

Overstaying a visa is not a crime in the US. While it is a misdemeanor to enter the US without being processed, it is not a crime to be in the US illegally. Therefore as a general matter, you cannot be jailed for trying to return. You can however subject your self to civil penalties; for example removal and a ban on getting another visa.

The federal statute says different. Sorry bub.

 

[Crixus]

?----/ Why be a dick? Are you hiding something?

It may not appear this way to you, but I am trying to hide my contempt for those that want to repeal the Bill of Rights.

No one wants to do that. Hell, I like guns, porn (old school 80's) I like to come on here and say tasteless nasty things. Simply being able to prove who you are is not an assault on your rights. Matter of fact, it is a way of protecting them. When I used to go to Mexico I had to show ID to get across . Same for when I went into and out of Canada. Now I guess you need a passport. State ID, $21.00. Passport mine was 110 when I got it. Both were easy.

If you don't mind someone trampling on your civil rights, that is fine with me. If someone tramples on mine, it is NOT alright with me.

At what point is asking me for ID unconditional?

/----/ You need to ask an attorney

Even there done that with my dad. Railroad dude is speaking from estrogen central.

 

[GHook93]

Federal judge blocks Texas' tough 'sanctuary cities' law

I feel sorry for the Texas legislature, having had a setback in their efforts to dismantle the Bill of Rights of the US constitution....

The activist judge did nothing of the sort. He put a temp stay on the law for the case to proceed.


Sent from my iPhone using USMessageBoard.com

 

[GHook93]

Federal judge blocks Texas' tough 'sanctuary cities' law

I feel sorry for the Texas legislature, having had a setback in their efforts to dismantle the Bill of Rights of the US constitution....

Go to hell, these activist judges have got to go. This is a clear interference with States police powers. The State certifies every law enforcement agency and they can set any rule they wish in regards to cooperating with immigration. They don't like it, the State can decertify them and take over the police department and sheriffs offices that don't want to abide by the law. I haven't been able to find the written decision yet, I want to see what this asshole actually said.


.

The state is interfering with local police. They can not force local police forces to enforce immigration law. Also removing democratically elected local governments is a police state mentality. Yet Greg Abbott claims to be a conservative.

Are you ******* serious? Local police are offers of the state! They take a oath to uphold the constitution. Furthermore they are upholding state law.

Lastly you can and should remove public officials that break the law!


Sent from my iPhone using USMessageBoard.com

 

[OKTexas]

BTW, folks, you don't have to cooperate at a DUI checkpoint unless they have probable cause, either:

You're full of crap, every State has implied consent laws the a apply anytime you operate a motor vehicle on public roads.


.

So, this didn't happen, did it?

Apples and oranges. BP in not a State law enforcement officer.


.

My constitutional civil rights trump state law. If you don't believe me, go dig up George Wallace, and ask him. I could be arrested illegally for failure to cooperate with a state cop, but if I choose to spend the money, I would win in court, unless he had probable cause. If you don't believe that, ask Sheriff Joe.

Sheriff Joe did nothing wrong except piss off a regressive activist judge. His department was operating under an agreement with ICE during the period he was held in contempt for. They had every right to check immigration status. But hey, let's not let little things like facts get in the way of good commie propaganda, right?


.

 

[OKTexas]

An illegal alien is someone who is living in the United States illegally; either without the correct legal documentation or by violating the terms of documentation, such as overstaying the time period specified on a tourist or student visa. Illegal aliens have no legal status in the United States. Among other things, illegal immigrants cannot vote, receive social services from federally funded programs, social security benefits, or hold United States passports.

Illegal aliens are subject to detainment and deportation at any time, as are legal aliens if they commit and are convicted of a crime.

If being an illegal alien was a crime, why aren't they in jail?

Because it's not a crime, it's an administrative violation, subjecting them to deportation.

By law they could lock them up for 6 months, they usually just deport them.


.

 

[radical right]

Immigration | Visa Overstay and Illegal Presence in the US | ISSS | Temple University
Visa Overstay and Illegal Presence in the US
OVERSTAY AND UNLAWFUL PRESENCE PROVISIONS
In September 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which imposed penalties on those who stay in the United States beyond the period authorized by the Attorney General. Two new sections of the Immigration and Nationality Act were created to define these penalties:

Read your citation. It's not a crime, the only penalty is revoking the visa, and denying them a new one.

I.N.A. § 222(G) VISA OVERSTAYS
(g)(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant

Penalties under 222(g)

If an alien is determined to be a "visa overstay" under this section, he/she is subject to the following penalties:

Cancellation of visa
The law provides that the visa of individuals who overstay is automatically voided

Restriction on place of future visa applications

If subject to INA § 222(g), the alien is permanently limited to applying for future nonimmigrant visas only at a U.S. consular office located in the country of his or her nationality

 

[radical right]

By law they could lock them up for 6 months, they usually just deport them.


.

They can "detain" them for 6 months, not put them in jail. They committed no crime, and are housed in a detention center, not a jail.

 

[radical right]

The federal statute says different. Sorry bub.

You confuse illegal entry, which is a crime, with visa overstay which isn't.

 

[Soggy in NOLA]

By law they could lock them up for 6 months, they usually just deport them.


.

They can "detain" them for 6 months, not put them in jail. They committed no crime, and are housed in a detention center, not a jail.

Meh, semantics... jail, detention center.

 

[Soggy in NOLA]

A detention center is just a jail for short-timers.

 

[bodecea]

The state is interfering with local police. They can not force local police forces to enforce immigration law. Also removing democratically elected local governments is a police state mentality. Yet Greg Abbott claims to be a conservative.

Here is the thing, the jails let setbacks loose and they are typically multiple offenders. DUI, rape, child molestation, assault, burgelery and so on. The state makes no effort to remove them. So if state and county won't enforce the law, then take away all federal money to that department. Don't shut them down. When then illegals rape a child or kill people drunk driving then shame the department out of existence. Better yet, if they want all the cool old army stuff, then tell them to enforce the law.

So, the focus here is on Illegal immigrants who rape. Oddly enough, I don't know anybody who has ever been raped by an illegal immigrant. Are you mostly concerned with illegal immigrants who are latino, or are you just as concerned about illegal immigrants who are Canadian? (BTW, there are more Canadians overstaying their visas than there are Latinos).

Homeland Security produces first estimate of foreign visitors to U.S. who overstay deadline to leave

It's an easy fix to get them all out, the government just has to have the will to implement it.


.

What's that easy fix?

I'm getting the impression that if one is going to be raped, it is far better that they be raped by an American citizen. Barring that, is is still not so bad if the rapist speaks English...

Then it's ignored....or the woman is held partially or completely at fault.

 

[radical right]

They can "detain" them for 6 months, not put them in jail. They committed no crime, and are housed in a detention center, not a jail.

Meh, semantics... jail, detention center.

Iron bars do not a prison make. It requires it to house felons
You cry semantics, well the difference between a crime and an offense is semantics, but without committing a "crime" you can't require to see someone's ID.