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Undocumented immigrants are very specifically not criminals

Then again, iirc nobody in Gitmo is charged in the justice system, so technically this is consistent.

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Undocumented immigrants are very specifically criminals

8 U.S.C. § 1325

But they don't have to go to ISIS Island, that's just chest-thumping

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The language seems to imply the crime is in improper entry, not improper staying.

Burden of proof + dreamers makes that untenable as a blanket prosecution

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people are charged/prosecuted all the time for improper entry

https://i.rdrama.net/images/1738703114OkaS4V1OIVMc1A.webp

https://www.americanimmigrationcouncil.org/research/immigration-prosecutions

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Why does it look like paint me like one of your French girls? :marseyshook:

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It's this weird situation where libs claim illegal immigrants haven't broken any laws because being here illegally isn't technically illegal. Strictly speaking though there are only two ways for you to wind up in the US without authorization, you either (a) illegally crossed a border or (b) were legally let in ie on a visa, but overstayed or otherwise violated the terms of your visa.

Both (a) and (b) are crimes but since somebody here illegally could have committed either of them we can't pin either crime to them, or some such nonsense.

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Butt youd think you could prove that it mustve been either A or B based on whether they ever had a visa.

anyway, it clearly can be prosecuted as thousands are charged and prosecuted for it every year tho that number greatly decreased u der :marseybiden:

https://i.rdrama.net/images/1738703048Akk9Fp2bbHsHpw.webp

https://www.americanimmigrationcouncil.org/research/immigration-prosecutions

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>illegal reentry

isn't this when they tell you to frick off for X years and you show up again? Are visa overstays even on that chart?

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Physical presence in the United States without proper authorization is a civil violation, rather than a criminal offense. This means that the Department of Homeland Security (DHS) can place a person in removal (deportation) proceedings and can require payment of a fine, but the federal government cannot charge the person with a criminal offense unless they have previously been ordered deported and reentered in violation of that deportation order. Likewise, a person who enters the United States on a valid visa and stays longer than permitted may be put in removal proceedings but cannot face federal criminal charges based solely on this civil infraction. Those who enter or reenter the United States without permission, however, can face criminal charges.

so overstaying isnt a crime, butt can result in a removal/deportation proceeding. I assume failing to comply with a deportation order after that could be charged with violating a court order which could redult in criminal charges/punishment.

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No human being is illegal, sweaty. :marseywholesome: American gangbangers, for example, are very cool and very legal.

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it's kind of a self-fulfilling prophecy anyway

if you xenophobiamaxx and don't let anybody in, then all immigration is technically illegal, allowing whoever is in charge to sperg out and use it as a political distraction while they invent a new way to disenfranchise working class Americans

the drugs entering the border is def a problem, I travel a shitty road on the way to work and all the homeless people look like Fallout ghouls because they're all fented up on cheap shit

I don't think that's the result of immigration because typically smugglers go back and forth rather than stay, so target those dudes and put them on an island

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Undocumented immigrants are very specifically not criminals

https://media.tenor.com/uIorgaD4_cUAAAAx/fake-news-point.webp

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The closest crime is human trafficking and none of these people are being charged with that :marseysurejan:

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Reported by:

entering the country illegally is a federal crime that is generally charged as a misdemeanor. Also the peoppe Drunpf is sending to gitmo comitted crimes above and beyond that

https://www.law.cornell.edu/uscode/text/8/1325

https://media.tenor.com/uriCqkeEqyAAAAAx/fake-news.webp

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I don't get it :marseysad:

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@fedposter @butthole

How can you say such hurtful things?

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It's not "generally charged as a misdemeanor" it is a misdemeanor, punishable by at most six months in jail. It has the same severity as impersonating a member of the 4-H Club. Only on subsequent charges after a first conviction can it be prosecuted for a felony. It's "generally" not charged at all unless they're tacking it on to another crime because they don't need a conviction to deport you.

I think putting people in Gitmo for misdemeanors is kind of skeevy, but the argument probably is that they're just holding them until they process asylum claims or whatever which I guess is fine.

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that depends on if its the first offense

Illegal Entry"/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.

"Illegal Re-Entry"/8 U.S.C. § 1326 makes it a crime to unlawfully reenter, attempt to unlawfully reenter, or to be found in the United States after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person was previously removed after having been convicted of certain crimes: up to 10 years for a single felony conviction (other than an aggravated felony conviction) or three misdemeanor convictions involving drugs or crimes against a person, and up to 20 years for an aggravated felony conviction.

also the illegals going to gitmo comitted crimes beyond simply entering illegally. They dont have enough space to just send anyone there so people who are simply "undocumented" are safe from gitmo and will probably be sent to el salvador if not their country of origin.

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:#marseybrainletclapping:

Only on subsequent charges after a first conviction can it be prosecuted for a felony.

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either way, it is a crime that is generally punished as a misdemeanor and can be upped to a felony if youre a repeat offender. Youre by far the worse semantics debater ive ever seen.

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Your phrasing implies judicial discretion.

It's wrong anyways. It's generally punished as a civil tort because it expedites the deportation process. Almost nobody is prosecuted unless in conjunction with another crime.

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That's crossing the border illegally not being in the US without status. Not all people without status crossed the border illegally (many had prior legal status) and they would need specific evidence of them crossing the border to charge them.

If someone had prior legal status and was convicted of anything that was a crime of moral turpitude (basically anything that is not a simple violation) their status is at risk. Any sort of felony conviction will result in near immediate revocation of a visa.

Being in the US without status is specifically not a crime because it makes it harder to deport people. If its criminal they have a constitutional right to a free lawyer, have to have the possibility of bond etc.

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Good to know :marseyreading:

Though is being in the country without status still technically breaking the law? Also can statute of limitations be applied to illegally crossing the border? :marseybeanquestion:

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It is not breaking the law. If it was illegal then constitutional protections for criminals would apply, they get to apply a much weaker standard so they can hold them indefinitely.

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Undocumented immigrants are very specifically not criminals

I mean by a technical definition they are as they broke immigration and customs laws by arriving or staying in the country without valid residency, permit, visa or citizenship, though saying they are criminal is dishonest so :marseyshrug:

Then again, iirc nobody in Gitmo is charged in the justice system, so technically this is consistent.

(Almost) everyone in Gitmo deserves it or deserved it, stop being a chud: :!marseyindignant:

@Sexy Indian dudeOneal @SnappyIsMyWaifu @JimieWhales @KoreanFailedCoupKing @Wojak @Konjjer @antiracist_tulpa @Lappland

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Undocumented immigrants are very specifically not criminals

Isn't this just pointless semantics?

Shouldn't breaking 'the rules' incur some kind of penalty? Otherwise, why even have rules if all they do is make fools out of the people who actually respect them?

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>Shouldn't breaking 'the rules' incur some kind of penalty?

Yes, it should! @BIGBILLYKONGDONG has STILL not judged the fanfiction contest and for this reason he should be waterboarded at Gitmo for the rest of his natural life.

Actions must carry consequences.

!metashit !justiceporn !nonchuds

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Please don't spread hate against carp :marseysad:

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There is a specific process in criminal justice and the system around undocumented immigrants is intentionally built to circumvent it for expediency and cost at scale

It's different because it's different :marseymad:

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Wouldn't that mean they're trying to bypass constitutional rights? :marseygasp:

Why would they do that? :marseysad:

@YappingCat ping lawyers please :marseybegging:

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This is why fascism is so appealling. It at least promises not to be a bureaucratic nightmare.

Just bake all your problems in the oven at 800ºC and think about what you'll do with all that sweet Lebensraum.

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@Konjjer thoughts? :marseyreading:

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https://media.tenor.com/pZPtwKvANscAAAAx/jebaited-low-quality-bait.webp

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Wdym bait? :marseysad:

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