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Deportee's case may hold fate of thousands
Salt Lake Tribune ^ | 03/22/2006 | Thomas Burr

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 ...


TOPICS: Government; News/Current Events
KEYWORDS: aliens; deportation; illegalaliens; immigrantlist; mexico; scotus
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To: Tammy8
It is illegal to cross the border improperly and those who do so are criminals. It really is that simple.

It's also illegal to park on a meter without depositing enough coins to cover the time you need for an errand.

I guess most Americans are criminals then.

61 posted on 03/22/2006 11:49:35 AM PST by george wythe
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To: george wythe
The source that you provided does not say that reentry after deportation is a felony.

Read the first paragraph. It defines it as a crime. All Federal crimes are felonies. A violation of Federal law is either a civil offense or a felony crime. A first illegal entry is a civil offense which you correctly compare to a parking ticket. A second re-entry after deportation is a felony and the person committing it is correctly described as a criminal.

62 posted on 03/22/2006 11:57:27 AM PST by jackbenimble (Import the third world, become the third world)
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To: george wythe
I still think that calling all illegal aliens criminals is over the top.

Immigration and Nationality Act as part of 8 USC 1325, "Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers ... shall ... be fined under title 18, United States Code, or imprisoned..."

18 USC is our criminal code. Everything it it applies to crinimal offences. Thus if it applies to a person's case, he is by definition a criminal.

63 posted on 03/22/2006 11:58:22 AM PST by antiRepublicrat
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To: george wythe

You are parsing words, and you know it. Many crimes are not felonies, they are still crimes. Those who commit crimes are criminals, there are different classifications of crimes and criminals of course. People who cross the border illegally violate at least one law, and usually by the time they get here and get a job, they have violated many laws. They are criminals. Are you the type of person that thinks the "little crimes" are OK?? I don't, and even so many of the crimes illegals commit I do not see as "little crimes"

I also don't think crossing the border illegally is a "little crime" I in fact think it is a serious crime, whether it is a felony or not. Is it ok if I enter your house without permission, and make use of your things? Illegals are entering our country without permission and making use of services provided by taxpayers.


64 posted on 03/22/2006 11:59:25 AM PST by Tammy8 (Build a Real Border Fence, and enforce Immigration Laws!!!)
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To: antiRepublicrat
The links you provide do not support your conclusions at all.

An illegal alien marries a US citizen or starts a business is not automatically committing a felony; those statutes apply to people who marry fraudulently, or people who start a fake business to deceive immigration officials.

And nowhere it says that all illegal aliens are committing federal felonies for the mere fact of entering illegally.

65 posted on 03/22/2006 12:07:53 PM PST by george wythe
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To: george wythe

Most Americans do make sure they follow the law, and yes most Americans make sure there is enough money in the meter. If someone does not put money in the meter, and does not face the penalties for failure to do so, then they will eventually be arrested and jailed until they face the penalties for non-paid parking. Yes even for parking violations, people who don't respond to the consequences by paying the penalty will face bigger consequences later.


66 posted on 03/22/2006 12:08:46 PM PST by Tammy8 (Build a Real Border Fence, and enforce Immigration Laws!!!)
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To: jackbenimble
All Federal crimes are felonies.

If that's true, then you have proved your case.

Thank you for the correction.

67 posted on 03/22/2006 12:09:03 PM PST by george wythe
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To: george wythe
Destroying an American family is not merciful.

They are free to go back with him.
68 posted on 03/22/2006 12:12:59 PM PST by Serenissima Venezia (U.S. a 3rd world soon: not educating enough scientists/engineers and being invaded by illegals)
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To: Tammy8
If someone does not put money in the meter, and does not face the penalties for failure to do so, then they will eventually be arrested and jailed

Where I live, people who fail to pay their tickets are told to pay before renewal of their car registration. Arrest and jail for a parking ticket is not that common, but maybe it's common in the Soviet republic where you live.

At any rate, I support the fine for illegal aliens. I suggested in my previous post that his gentleman should have fined before being given his papers.

I still think that calling people who have committed a civil violation criminals is over the top. Thank you for your opinions.

69 posted on 03/22/2006 12:15:27 PM PST by george wythe
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To: george wythe
Just because you suffered separation, then you want this family to suffer.

That was uncalled for.

The poster you responded to did things in the right way and now has to sit back and watch people who came here illegally whine about how they shouldn't have to take responsibility for their actions. Do we want to encourage those who continue to break the law or those who obey it? I know who I want in my country. (And that's why I'm leaving CA ASAP!)
70 posted on 03/22/2006 12:16:51 PM PST by Serenissima Venezia (U.S. a 3rd world soon: not educating enough scientists/engineers and being invaded by illegals)
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To: george wythe
An illegal alien marries a US citizen or starts a business is not automatically committing a felony

Which is why I said "up to" 12 years. Prosecutors could certainly look into his reasons for marriage and business.

And nowhere it says that all illegal aliens are committing federal felonies for the mere fact of entering illegally.

You saw how they were subject to the criminal code for entering. You saw how prison is a possible punishment. Are you saying that we put people in jail as a civil penalty? Face it, every person entering this country illegally is a de facto criminal.

71 posted on 03/22/2006 12:20:13 PM PST by antiRepublicrat
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To: massgopguy

he was a reformed crook


72 posted on 03/22/2006 12:21:11 PM PST by SUSSA
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To: antiRepublicrat
Great post. If you have the time, I'd like to see this on all threads about illegal immigration. (If you don't, I'd be happy to post it myself if you don't mind me plagiarizing!)
73 posted on 03/22/2006 12:21:42 PM PST by Serenissima Venezia (U.S. a 3rd world soon: not educating enough scientists/engineers and being invaded by illegals)
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To: Serenissima Venezia
I'd be happy to post it myself if you don't mind me plagiarizing!

Use as you wish. You can browse and search the text of 18 USC (the criminal code that the INA references) at FindLaw.

74 posted on 03/22/2006 12:24:59 PM PST by antiRepublicrat
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To: sheana

Yes, but so far the Supreme Court hasn't said that everyone in the world has a RIGHT to live here. They've just been moving in that general direction. I hope the Justices have more sense, but there are still only four solid conservatives on the court. And the Democrats have a vested interest in illegal voters.


75 posted on 03/22/2006 12:29:16 PM PST by Cicero (Marcus Tullius)
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To: george wythe

I do not live in a Soviet Republic, I live in the United States. It is not common for people to not pay parking and other tickets in spite of what you think, so it is not common that they are jailed- but it does happen. My stepson was jailed and fined $1000. for a broken tail light. Sounds wild? He deserved it, he ignored a warning order to fix it, then recieved two tickets for failure to fix it. He did not pay the tickets or fix the tail light. A warrant was issued for him eventually and he learned the hard way that is is a serious thing to ignore the law.

You can attempt to justfy illegal activity all you want to, but you really should not deny that the activity is illegal.


76 posted on 03/22/2006 12:31:16 PM PST by Tammy8 (Build a Real Border Fence, and enforce Immigration Laws!!!)
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To: antiRepublicrat
You saw how they were subject to the criminal code for entering. You saw how prison is a possible punishment.

That only applied to certain class of illegal aliens, such as the ones who have been deported and reentered.

The links you privided actually contradict your statement, but you will keep on repeating the same mantra hoping it will be true.

77 posted on 03/22/2006 12:35:01 PM PST by george wythe
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To: Tammy8
There is a different between big different parking tickets and traffic tickets, but as you said, you make no distinction among civil penalties.

Your opinion is clear: People who don't deposit enough coins on a meter while doing an errand are criminals.

All I can say is that I disagree.

78 posted on 03/22/2006 12:38:04 PM PST by george wythe
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To: george wythe
That only applied to certain class of illegal aliens, such as the ones who have been deported and reentered.

Actually, that applies to first-time illegals too, 8 USC 1325, referencing the criminal code, 18 USC, for penalties.

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

79 posted on 03/22/2006 12:55:43 PM PST by antiRepublicrat
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To: george wythe
Whoops, wrong emphasis.
(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

80 posted on 03/22/2006 12:57:56 PM PST by antiRepublicrat
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