Kansas Court: Illegal Immigrants Not Really Illegal; Media Outcry Pending

Agree with ChessPlayer: our Kansas Supreme Court has some very lame players on the team. This will go whatever way the governor dictates. But it will not go over well at all in Barton County or any other county west of Topeka where illegal immigration has become up-close and personal.

If it is just that, then technically they are correct. Crossing into the US is a misdemeanor, but once you are in the US, it is a *civil*, not criminal offense. Ironically, the *one* serious offense is if you have been deported and barred from re-entry. If you come back, you could face 20 years in prison.

Being present in the country without proper papers is a civil violation — the sole jurisdiction I might add, of the Federal Government.

Your post put the court's ruling succinctly. However, if, as you write, there is an existing statute making BEING in the country without proper papers (as opposed to entering into the country illegally after a previous deportation) a Federal civil offense, why wouldn't they cite that statute as well in their opinion? Such a statute would certainly act to counterbalance the defect in the cited Federal statute and justify the district judge's upward departure in denying probation to the appellant.

Is that defect in the appeals court ruling (assuming it is one) a basis for further appeal by the state?

However, if, as you write, there is an existing statute making BEING in the country without proper papers (as opposed to entering into the country illegally after a previous deportation) a Federal civil offense, why wouldn't they cite that statute as well in their opinion?

Because it is only a civil offense, not a crime, and therefore not a basis for a charge of parole violation.

correct — thank you. I was late getting back to this thread.

The system and bifurcation of enforcement rights is the biggest problem. At the end of the day — ICE does not want anyone having real enforcement rights that will strip the agency of its power and the right to ask for more purse strings. Even the 287(g) program for states and localities is weak — and needs an over-haul.

If the 287(g) program allowed local cops to pick-up and process illegal aliens merely for being present without papers — that would be the end of illegal immigration. In addition, many localities would gladly opt-in to the program, even out their own cost — because of the obvious benefits.

As it stands now — the 287(g) program’s greatest value is that it is misunderstood in the illegal alien community — and therefore causes some illegals to get on the move when it is implemented locally.

Don’t mean to hijack the thread — which appears dead anyway — but the whole point is that the legislative scheme is set-up to frustrate enforcement

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