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Posted on 03/22/2006 8:17:49 AM PST by Boston Blackie
WASHINGTON - In a case that could affect hundreds of thousands of immigrants and their families, the U.S. Supreme Court will hear arguments today about whether a longtime Utah resident and businessman was illegally deported. There is no question that Humberto Fernandez-Vargas, a 53-year-old Mexican native who made his home in Utah for decades, was in the United States illegally. But the issue before the high court today is whether Fernandez-Vargas, and thousands like him, should have had the right to court hearings before being deported.
(Excerpt) Read more at sltrib.com ...
Amen, LOL.
I hate to break it to you, but that's happens everyday in hundreds of cases.
This guy has been chosen as an example for some reason which the article fails to reveal.
He could always take his family to Mexico with him.
His American wife and American son will probably disagree with you. They are Americans who should not be living under Third World conditions to please your self-righteous attitude.
He CHOSE to break the law. This is HIS FAULT. This is nobody else's responsibility.
He should have done things right, rather than relying on the hope that he wouldn't get caught.
Any time you take legal steps to do anything, there is a waiting period. For example if I want a new car, I will have to fill out the papers and wait to make the deal the legal way. I could steal the car and have it right away, but that would not make it right.
The only people who have a right to be in this country are those born here and those who come through legal channels. All others are criminals, plain and simple. He should have done it right the first time. I feel no sympathy for him or his family. If I steal a car instead of buying it, and I go back later to pay for the car, I am sure I will have to first be arrested and tried for stealing the car before I can do it the right way. There are consequences for illegal actions and that is as it should be.
A local rancher fell in love with a lady who lived in Mexico. They wanted to marry, and he wanted her to come to the US to live with him on his ranch. She was not allowed in this country until her papers were in order, they did get married and did everything the legal way and they were seperated for a while. People kidded him and told him he should have just walked her across; his house is less than 2 miles from the border. He and his wife chose to do the whole process legally from the beginning. The plus is they won't have problems later, as they would if she had simply moved across the border.
It really is very simple, you either do things the legal way or the illegal way. If you choose the illegal way, then don't ask for sympathy from me when you are caught.
My plan:
Build the wall along the southern border. Then create a small pond on the Mexican side. Increase the border agents' numbers greatly, and start rounding up the crimaliens. Build a large catapult on the American side. Start a schedule of launches, say one per hour. The launch is simple: fill the catapult platform and fire them over the wall into the pond on the Mexican side. You could raise money by allowing spectators, tailgating, and charging a high price for someone to operate the launch. This could be great family fun!
You could make an undocumented withdrawal of a vehicle from the dealers showroom and drive it while you wait for vehicular amnesty.
There is a sign posted on this thread. If you read it, you will notice that the maximum penalty for entering the US uninspected is $5,000, a civil fine.
You could claim that all illegal aliens are criminal, but then you have to say that all people with parking tickets are criminals.
Right now there is a bill in Congress that will make it a criminal offense to enter the US illegally. Until such bill becomes law, your little rant is just a bit over-the-top.
I took mercy on a cockroach once.
January 1982, he became a felon. The USSC is a pansy club if they don't recognize that and reward him accordingly.
We do need examples. OTOH, it does seem a waste of resources to go after productive illegals while we're handing out welfare to millions of others.
BTW, I have been on the other side of immigration, as I was a resident alien in a foreign country for years. A legal one, of course.
They are Americans who should not be living under Third World conditions to please your self-righteous attitude the law.
Corrected. :)
The first illegal entry is a civil offense. A second re-entry after a deportation is a felony under current law. This guy was deported several times.
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Source please.
If you read the law instead of a sign, illegal reentry after previous deportation is a criminal felony offense. This doesn't count that he's probably used fraudulent documents while here, which is another felony.
Definitely a case to watch.
I thought this was common knowledge at FR. Here is a good source: Illegal Reentry Cases
The only people who have a right to be in this country are those born here and those who come through legal channels. All others are criminals, plain and simple.Let's assume that you're right about this particular person.There is a sign posted on this thread. If you read it, you will notice that the maximum penalty for entering the US uninspected is $5,000, a civil fine.
You could claim that all illegal aliens are criminal, but then you have to say that all people with parking tickets are criminals.
Right now there is a bill in Congress that will make it a criminal offense to enter the US illegally. Until such bill becomes law, your little rant is just a bit over-the-top.
If you read the law instead of a sign, illegal reentry after previous deportation is a criminal felony offense. This doesn't count that he's probably used fraudulent documents while here, which is another felony.
The comment to which I responded was a general statement about all illegal aliens.
I still think that calling all illegal aliens criminals is over the top. Until Congress passes the current bill making it so, such general statement is not accurate.
Unless, of course, you can provide a link to a federal law that states that all illegal aliens are committing criminal federal felonies by the mere fact of entering illegally.
You are the one that needs to read the sign again, it says if you cross other than at designated entries, you are in violation of laws and cites the laws you are violating. It does not say $5,000. is the maximum penalty either- it says you "may be subject to a $5,000. penalty." You may be subject to much more than that depending on the circumstances. It is a violation of law to illegally cross the border and each time you are caught doing so you become a repeat offender and the penalties increase. I live very near the border and I am familiar with both the signs and the reality of what happens.
I can tell you the main reason this man was deported while they sorted everything out is because he had been legally deported before and had returned, yet again illegally. Thus he was treated more harshly than others who may not have been previously deported. Just as a repeat car thief will face a harsher sentence than a first offender in most cases.
It is illegal to cross the border improperly and those who do so are criminals. It really is that simple.
8 USC 1326. The fines and punishments refer to Title 18 of the USC, "Crimes and Criminal Procedure." Getting married or establishing a business (both of which he did) for the purpose of evading immigration laws are also felonies (8 USC 1325).
Looks like he's facing up to 12 years in prison. Deportation may be getting off lightly.
The source that you provided does not say that reentry after deportation is a felony.
It does stay that such alien "can be fined under title 18 of the U.S. Code, imprisoned up to two years, or both."
Do you have link to a federal law that states that reentry after deportation is a federal felony?
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