Hey, have you noticed that in immigration proceedings, and deportation, the burden of proof is on the accused, not the accuser? And then, if you made illegal immigration a Crime, you would have to prove, in a court of law, that the accused broke the law... no more, well you don't have a passport you go, if they say yeah I had one and it's gone, how do you prove otherwise?
I'm not saying you couldn't but look how impractical it is.
when they talk about making it a crime, and emphasizing its illegality, they're just yanking your chains. they're not going to do anything.
2006-09-01 12:01:33 · 12 answers · asked by Aleksandr 4 in Politics & Government ➔ Immigration
Illegal immigration a crime an oxymoron: No, if it was actually a crime, they would be allowed a trial before punishment (deportation). It is only referred to as illegal immigration by politicians who want you to think of it in that way. It is not legal, but it is not a crime unless they are here to wage war against us.
2006-09-01 12:11:58 · update #1
I didn't know they were offered a trial, but hey, you learn something new every day... I've never heard a story about an illegal immigrant receiving a trial, although I have heard about some court cases involving people asking for asylum.
If they can ask for a trial, shouldn't the organized (as in the ones who organized the protests) illegals offer advice to illegals up for deportation wishing to claim asylum?
or are people not allowed to flee from extreme poverty under asylum laws?
2006-09-01 12:18:34 · update #2
If it's a crime, then the accused should be provided the best defense possible. If one cannot afford a lawyer, one will be assigned. Isn't that how it works? Innocent until proven guilty. Just curious.
2006-09-01 12:37:14 · answer #1 · answered by just me 4 · 0⤊ 0⤋
First off, there are a couple of facts that need to be set straight ...
The only time that the "burden of proof" is on the "defendant" is at the time when a person is physically at the border applying for admission to the United States. They must prove that they have the right to enter the US as an American citizen. If they are not, they need to show that they have been granted that privilege (generally a green card). A visa, contrary to popular belief, does not entitle you to enter the US, it merely means that you have presented certain evidence to the Department of State regarding the intent of your travel or your living situation in your home country.
You can be refused entry at the border for two reasons - fraud or you are an intending immigrant without an immigrant visa.
Other than that, every person that is refused entry or deported is entitled to a hearing in front of a judge at which they can provide evidence to refute the government's claim that they are not legally present in the US.
Most current immigration violations are in fact crimes (or involve crimes) that are simply not prosecuted because it is more expedient, cost effective, or practical to just refuse entry or deport the person.
2006-09-01 23:14:01 · answer #2 · answered by some guy 2 · 0⤊ 0⤋
Yes, they don't have the rights of citizens and thus don't have not all the same procedural due process rights. This is consistent with other law. I'm not sure what you're asking, but Bush said he favored a type of amnesty for undocumented immigrants already in the US. Then, his proposal seemed to fade away as did proposals for fences, and much greater border enforcement. I notice too that nothing seems to be going on with punishing employers who hire undocumented workers. So I agree with your conclusion that nothing's going to be done, at least for a long time. And no one benefits from such a situation except the politicians that are elected on empty promises to do something about illegal immigration and employers who exploit cheap labor.
2006-09-01 19:05:54 · answer #3 · answered by ? 5 · 0⤊ 0⤋
Due process for everyone.
But you're missing the way due process works. Inherently, due process only requires notice of the charges and a neutral opportunity to be heard and present your case.
And in any immigration proceedings or criminal trial, there is an initial burden on the prosecutor to prove the elements of the offense. That applies in immigration proceedings as well.
However, since the simplest form of proof is "we've checked our records and there is no record of legal immigration", that standard is met.
It now falls on the defendant if they want to assert an affirmative defense ("here are my papers", or "there is justification", "or I'm seeking asylum"). That's the way the procedure works, either in a criminal situation or immigration proceedings.
2006-09-01 19:05:38 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
There is political asylum option ONLY if you are from a dictatorsjip. In Europe, there is only one such country:Belarus. These people become citizens in no time, alhough they were never persecuted or harmed in a single way. But good liars get Green Cards, while other have to wait and wait.
There is no option for economic amnesty whatsoever. that's why none of us qualifies.
About the rest, you are right-it's hard and time consiming toprove some is here illegally, unles they catch them at the border. It's also aganst US economy to get rid of your hardest workers. I mean, which American would ever even consider picking tomatoes. C'mon!
2006-09-01 19:31:26 · answer #5 · answered by bunt 3 · 0⤊ 0⤋
I'm not sure that I understand the question. This is America and due process is given to everyone. Do you want to live in a country where it isn't? The burden of proof is always on the accused...a person has to prove they are innocent of charges, or the state proves they have no case.
2006-09-01 19:05:37 · answer #6 · answered by Justsyd 7 · 0⤊ 0⤋
We are not doing all than can be done about illegal immigration due to politics, bleeding hearts, activists, and political correctness. I believe we've reached the edge of sanity when illegals can have mass demonstration and, adding fuel to the fire, have the nerve to march under their own country's flags.
This nation is slowly but surely going down the drain and leading the parade is the aforementioned politicians, bleeding hearts and activists.
2006-09-01 19:12:20 · answer #7 · answered by williegod 6 · 0⤊ 0⤋
Most of the time, it doesn't even reach court. They are given notice to appear in court, where they will likely be deported. So, 99% of them never arrive for court. How could it be any easier for them?
I wish I could have done that with my speeding tickets. If I just hadn't paid, or shown up for court, they would have been forgotten.
Where can I sign up to be an illegal alien of the US?
2006-09-01 19:05:36 · answer #8 · answered by drizzt_234 3 · 0⤊ 0⤋
Isn't the term, illegal immigration a crime, an oxymoron?
2006-09-01 19:04:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Due process for illegal alien invaders comes from the barrel of a gun. We don't use it but, with things going the way they are we will.
Build a Wall, fine and jail employers then clean out the illegal alien invaders
2006-09-01 19:05:46 · answer #10 · answered by buzzy360comecme 3 · 0⤊ 0⤋