Illegal Presence in the USA Not A Crime, Court says, does this make a mockery of our immigration laws?

Question

Go to CNSNEWS.COM then on left side key in Nicholas Martinez

Martinez (a illegal alien) sentenced to a year in jail after pleading guilty to possession of cocaine/endangering child/ using his young son to help sell cocaine.

The judge said he could not give probation after a plea bargain because of his immigration status, so he sentenced him to one year year in jail.

"Mr Martinez is illiegally in the counrtry and is in voilation of the probation rules right from the start if I place him on probation" said Judge Hannelore Kitts . He has to comply with all the conditions of the probation and he can't do that because he's in violation of the law not to violate any federal or states laws



But on appeal, a three judge panel threw out the sentence based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country,
.

It went on to say the court explained that congress had implicitly created the distinction: While congress had criminalized the illegal entry into the USA it has not made the continued presence of a illegal alien in the USA a crime unless the illegal alien has previously been deported

It went on to say the court explained that congress had implicitly created the distinction: While congress had criminalized the illegal entry into the USA it has not made the continued presence of a illegal alien in the USA a crime unless the illegal alien has previously been deported

I guess if you can get past the border guards and into the USA you're no longer violating the law, according to a Kansas Court of Appeals

I do hope this is appealed and overturned

Answer 1

Finding some phony judge to make an outrageous ruling like this is not going to work. 90% of the American people want illegal immigration to be stopped. These feelings are getting stronger every day. The American people have had enough. So don't worry about this idiotic ruling. It won't stand.

Answer 2

Check the 1986 Amnesty Bill. I believe that during that time or before (1964), it was and has been mentioned that if Illegals come to this country illegally, and can avoid detection from the law for 5 years or more, basically they are safe from actions taken against them. They are almost guaranteed the same rights as American, and legal citizens are.

If Americans want that changed, there will have to be a new reform bill, or at least an Amended one to strike such language from it the way it is now. The reform bill, or Amended must address every issue that concerns this country, and the way it needs protection to be able to fully enforce the laws here-after without the consequences, and the back-lash we have now.

Answer 3

No one is going to like my answer but it's the truth.
The court was correct on a law level.There is NOTHING in our immigration laws which covers past initial entry illegally.There are laws about visa overstayers but nothing about those who entered illegally to begin with.That's probably why some of us PRO'S preach about Laws being changed I bet.But hey, no one wants the laws changed just enforced.There...they were just enforced.Happy now?

Answer 4

The 3 judge panel is insane.

Answer 5

If it's not a crime than why are they being deported???? An some going to jail for repeated offence???

Answer 6

No,It means that another DEMOCRATIC LIBERAL JUDGE has taken It upon himself to Re-Interpret a very clear FEDERAL LAW. He should be DEPORTED to mexico,with the rest of the ILLEGALS....

Answer 7

Illegal not a crime? thats an oxymoron....and the judge is just a moron.

Answer 8

ILLEGAL IS NOT A CRIME. ITS NOT A CRIME TO MOVE!!!!!!!! ITS NOT A CRIME TO FEED THEIR FAMILIES!!!!!!!!!!!!!!!!!!!!


VIVA MEXICO Y LA RAZA MEXICANA!!!!!!!!!!!!!!!!!