[Sub-Driver]

go figure.......

[truthluva]

...but, it is illegal! sheesh!

[capt. norm]

That would mean that breaking into someone's house remains illegal, but once you're inside, you're home free.

Stealing money is illegal, but once you get the money, you are no longer and are no longer in the process of stealing.

[Greg F]

"In its opinion, the court explained that Congress had implicitly created the distinction: "While Congress has criminalized the illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported," said the opinion."

Oh, geez!

[Cicero]

Next, if you rob a bank and return to your getaway car, you’re home free.

[shield]

Good grief...rule of law and a judge is saying this...geezzz

[TornadoAlley3]

http://www.kscourts.org/ctapp/acbios.htm

[Natural Law]

Being here, in and of itself is not a crime, but it is evidence of a crime.

[Bob J]

This is BIG...and the appellate court might have ruled properly. For all of you gong to make other analogies about bank robberies, stealing, etc., save your breath.

What this court ruled is that while entering the country is a crime, a continued presence in the country is not a crime because the underlying law dos not address the continuing presence, only the initial act of entering the country.

Ouch.

[edsheppa]

The appeals court probably has it right. Martinez committed a crime entering the country, and he could certainly be arrested and deported for that (why the hell isn’t he?), but that prior crime doesn’t necessarily invalidate a probation the way the trial judge reasoned.

[LiteKeeper]

WHAT!!!!!!!!!!!!!!!!!!

If you rob a bank, and get away, are you not guilty!

[zerosix]

I'm from KS and the libs here have been stacking our courts for quite some time.

This is just another in the long line of liberal "decisions" that are being decided in "Berkley on the Plains."

Note to Dorthy and Toto: "Stay in OZ, the Wizard is in charge of Auntie Em's and the rest of the State!"

[Marathoner 244]

God help us!

[null and void]

WTF????????

[Gritty]

[Tzimisce]

What the........?

[Bob J]

The central issue here should be why the perp wasn't immediately handed over to federal authorities after this local trial for prosecution of his crime of entering the country illegally.

If there was evidence that the perp had committed almost any other federal crime, there wouldn't be a question. That local and state courts could care less about enforcing this particular federal crime is the basis of the problem we have with illegal immigration.

Local, State and federal law enforcement and justice couldn't care less.

[Travis McGee]

[Doug Loss]

Let me try to wrap my mind around this argument, and the logical outcomes of it. If someone has entered this country illegally it’s a crime, but continued presence in the country of someone who entered illegally is not. Therefore, if an illegal alien manages to evade capture and prosecution until the statute of limitations runs out on the illegal entry (seven years?) he or she is automatically a legal resident? Common-law residency? A rolling amnesty?

[varyouga]

Being in the country illegally is evidence of committing a crime. Duh

[Kevmo]

For your AFIRE ping list. This is just plain nuts.