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True2Ourselves Forums   > Community Topics > Christianity & Politics  > Illegal ‘Felon’

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  #1  
Old 07-11-2018, 04:07 AM
pryz's Avatar
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Default Illegal ‘Felon’

If the laws which are in place are so de-prioritized and easily shelved, why not adopt a tightening remark?

"POLITICS
GOP Lawmaker Seeks to Make First-Time Illegal Border Crossing a Felony with New Legislation
By Jack Davis
July 10, 2018 at 1:17pm

A Tennessee Republican congresswoman wants anyone trying to enter the United States illegally to face serious legal consequences, and has drafted a bill to accomplish that goal.

U.S. Rep. Diane Black said the time has come to move first-time illegal border crossing from a misdemeanor to a felony, The Hill reported.

“The significance of that is not only the difference in the incarceration time that you might be held, but the fact that later down the road if you try to get back into the country, if you have a felony, it would be more difficult or potentially impossible to come,” Black said. “So if you, later on, think, ‘well I would like to do this through the legal means,’ it would disqualify you from getting a green card.”

TheZero Tolerance for Illegal Entry Act would also require employers to use e-verify to ensure applicants can legally work in the United States. Black said that’s vital, because if people realize they cannot cross illegally to find work, it will deter them from coming.

“What this bill does is it sets up a huge disincentive,” she said, according to the Washington Examiner. “There is already a process set up and they should be using what the process is … We’re not penalizing people are who doing things the right way seeking asylum. This is for people who are going around the system.”

“People come to the country because they want to get work,” she said in an interview reported by Townhall. “They want to come from whatever bad situations in their countries which we all understand but we encourage them to do that by the legal means.”

“E-verify, even though we’ve talked about it for years it has never been something that’s been in place all the way across the line,” she said. “That would keep someone from coming here illegally if they thought they couldn’t get work. ‘Why would I come if I can’t get work.’”

Black, who is looking to run for Tennessee governor, said immigration is a major issue even in a state as far from the border as Tennessee.

In April, a raid on a meat-packing plant in the state resulted in the arrest of 97 people, according to The Washington Post.

“People want the border protected, and they’re not against immigration. They’re really not — they just want people to do it legally,” she said.

Black also proposes cutting funding from sanctuary cities and counties that do not cooperate with Immigration and Customs Enforcement.

“The United States government should never prioritize illegal immigrants over American citizens,” Black said, according to WCMH. “We must have a zero tolerance policy when it comes to illegal border crossings and sanctuary cities, and we must give ICE the resources they need to do their job as they protect our nation.”

Black said her bill is designed to support President Donald Trump’s tough immigration policies.

“President Trump has been clear about illegal immigration from day one, and we know that he is committed to protecting our nation for future generations. We must do all we can to deter the criminal abuse of our border – it has gone on for far too long,” she said in a statement on her website."

Bill Manifest,
Zero Tolerance for Illegal Entry Act

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Old 07-11-2018, 09:38 PM
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Default Re: Illegal ‘Felon’

Its already a federal crime, has been for a long long time:

8 U.S. Code § 1325 - Improper entry by alien

(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.

https://www.law.cornell.edu/uscode/text/8/1325
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Old 07-12-2018, 04:12 AM
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Default Re: Illegal ‘Felon’

Yes, and I knew it was a federal crime, but I am having a heckuva time trying to discover what "class" of felony offence it is.
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Old 07-12-2018, 05:55 AM
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Default Re: Illegal ‘Felon’

Quote:
Originally Posted by pryz View Post
Yes, and I knew it was a federal crime, but I am having a heckuva time trying to discover what "class" of felony offence it is.
.
The point of the new proposed law. Is the "First" crossing would be a felony.

as it is right now, the First crossing is a misdemeanor..
............................................................ .........................

Quote:
What Is Illegal Entry?

U.S. 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), or
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 - http://www.uscis.gov/laws/immigratio...ationality-act.)
Criminal Penalties for Improper Entry

For the first improper entry offense, the person can be fined (as a criminal or civil penalty), or imprisoned for up to six months, or both. This is considered a misdemeanor under federal law (18 U.S.C.A. § 3559).

For a subsequent offense, or a reentry (or attempted reentry) after exclusion or deportation, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, 1326, I.N.A. Section 275, 276.) This is considered a low-level felony under federal law (18 U.S.C.A. § 3559).
Criminal Penalties for Unlawful Reentry.....snip....
Is it a Crime to Enter The U.S. Illegally? - AllLaw.com

Last edited by iamdan : 07-12-2018 at 05:59 AM.
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Old 07-12-2018, 07:46 AM
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Arrow Re: Illegal ‘Felon’

Quote:
Originally Posted by pryz View Post
Yes, and I knew it was a federal crime, but I am having a heckuva time trying to discover what "class" of felony offence it is.
.
Well, in California, a low level state felony can include a state prison term of 1.5, 2 or 3 years. So based on this part of the above US Code, "for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both"... ...it would seem that a second entry is already the equivalent of a felony in terms of punishment.

Of course, this punishment is never meted out, and from a cost POV it would be way better to stop them from getting in in the first place rather than spending the money to warehouse them for 2 years.
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