Ron Knight
Hollis
I wanted to respond to your post addressed to me. I want to answer by referencing an article from www.FindLaw.com written by Brett Snider, Esq. and last updated May 31, 2019.
What's the illegal part of being an illegal immigrant? Is it a crime to simply be an undocumented immigrant residing in the U.S.? What about sneaking across the border? The confusion lies in the legal difference between "improper entry" and "unlawful presence".
Improper Entry Is a Crime
To be clear, the most common crime associated with illegal immigration is likely improper entry. Under federal CRIMINAL law, it is a misdemeanor for an alien (non-citizen) to:
- Enter or attempt to enter the U.S. at anytime or place OTHER than designated by immigration officers;
- Elude examination or inspection by immigration officers;or
- Attempt to enter or obtain entry to the U.S. willfully concealing, falsifying, or misrepresenting material facts.
The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry- including the mythic "border jumping" are CRIMINAL acts associated with illegally immigrating to the U.S. Like all other criminal charges in the U.S., improper entry must be proven beyond a reasonalbe doubt to convict.
Unlawful Presence Is Not a Crime
Some may assume that all immigrants who are in the U.S. without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.But mere improper entry and unlawful presence should be avoided by any immigrant to the U.S., but an illegal alien cannot be criminally charged or incarcerated simply for being undocumented.
So Hollis, I would never reference you to a Fox News interview because of their right bias views, AND I would never trust any interview from PBS/NPR or CBS because of their left bias views.The majority of the illegal immigrants of the millions who entered our borders did so by "improper entry" which is by federal law CRIMINAL.
I also must address the Alien Act of 1798 as it pertains to today. The Alien Act 0f 1798, aka the Alien Friends Act, authorized the president to detain, arrest, deport or imprison any alien considered dangerous to the country, whether in peace or war. This requires no "due process" legally. It was one of the Alien and Sedetion Acts passed by President John Adams and the Federalist- controlled Congress in 1798 that restricted immigration and free speech in the U.S. On appeal SCOTUS agreed with Trump recently using this to deport illegal immigrants.
I hope this clears things up a little for you. The "Maryland Man" already had his day in court twice in 2019. Both times was ordered to be deported. I don't know how it's possible to try and tie this up in court again.The guy you are talking about may not have had his day in court. I'll research him further for more details that I'm sure were left out of the story you saw.
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