If you rob a bank, and get away, are you not guilty!
You don’t get it. Robbing the bank was a crime, going home and watching TV after is not a crime. You can prosecute him for the robbery, but not watching TV in his home while holding the loot.
The court ruled the law does not specifically address a continued presence in the country AFTER the initial crime was committed.
I don’t get it. Why wasn’t this perp handed over to federal authorities after his trial for prosecution of entering the country illegally?
This is the problem and why this decision is even considered.
No, but if you rob a bank and don’t get arrested for it, and then break another law and get put on probation for that, they cannot revoke your probation for robbing the bank because you didn’t break that law while you were on probation. They can only revoke your probation for violating the terms and condition of your probation while you are on probation. They can probably still charge you for robbing the bank though, if the statute of limitations hasn’t run. It would be a new charge for an old crime. But even if you are charged for robbing the bank before you were put on probation, the court cannot revoke your probation for that because it happened before you were put on probation. The question in this case is whether one is technically breaking the law by being here or if he just broke the law by coming into this country in the first place, or overstaying his visa. It may be that technically the only crime is overstaying a visa or entering this country illegally. I don’t know the answer to that one. I would think though that that just being here should at least be some form of trespassing. My gut tells me that it is still a crime to remain here after the initial crime of entering this country illegally or overstaying a visa. This case might make it all the way to the US Supreme Court. It will be interesting to see how it turns out. If it turns out that technically it is not a crime to just be here after illegal entry then the government can just make it a crime. It’s not that big of a deal.