Notes on Federal versus criminal law
Here's what the law says about entering this country illegally (really, it's a "criminal" violation):
"8 U.S.C. 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 six months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than two years or both."
Civil and federal crime:
Being illegally in the U.S. is a civil matter. However, it is a federal crime to enter the country without inspection (EWI, USC 8 1325). A first offense can bring a fine and/or up to six months followed with deportation. A second offense (a felony) can bring up to two years and/or fine and then deportation. Thus, illegal immigration is a federal crime and a civil offense, with two separate courts.
The criminal charge will be filed by a U.S. Attorney and heard in U.S. District Court. The deportation (the removal) will then be conducted by the immigration courts, the Executive Office of Immigration Review (EOIR) before an Administration Law Judge.
Along the southern border, 95 percent of the cases get deposed of by "voluntary removal" on the part of the illegal, with no prosecutions in District Court. However, some U.S. Attorneys are indeed now filing all violations of USC 8, 1325. The U.S, Attorney in the Southern District of Texas is doing exactly that, with en masse proceedings.
Other commonly committed federal crimes include: the misdemeanor Failure to Carry Alien Registration. 18 USC 911, False Claim of US Citizenship, is a felony with an up to five-years in prison. Under 18 USC 1546, false document and fraud misuse on an I-9 claim is a felony.
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U.S. Code Title 8:
Section 1324a states:
"Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail + $2000 fine per illegal alien + forfeiture of the vehicle or property used to commit the crime".
Section 1324c states,
"All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section" (affirmed U.S. v. Perez-Gonzalez 2002 Fed App 0360, 6th Circ.).
Section 1644, same title states,
"No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section" (affirmed Southern District Court of NY, U.S. v. Rudy Guiliani,1996).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001324----000-.html
Presidential Oath of Office
- "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Congressional Oath of Office
- "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
Judicial Oath of Office
Our elected and appointed officials (President, Congress, Judges, Law Enforcement Officers) all swear an oath of office to honor and uphold the laws and US Constitution.
If they are failing in their duty, why aren't they being held accountable?
atriot:
