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Kansas Court: Illegal Immigrants Not Really Illegal; Media Outcry Pending
http://newsbusters.org/blogs/craig-bannister/2007/08/21/illegal-aliens-presence-u-s-isnt-illegal-court-rules-media-outcry-p ^

Posted on 08/21/2007 3:35:59 PM PDT by chessplayer

"A Kansas court of appeals has ruled that it's illegal for an illegal alien to enter the country, but not illegal for an illegal alien to be in the country if the illegal alien can illegally make it past the Border Patrol without getting caught."

"Ruling that it is illegal to enter the country without the proper documents and permissions, but it is not necessarily illegal to be in the country if you don't get caught upon entry, the court threw out the sentence of an illegal immigrant who pleaded guilty to possession of cocaine and endangering a child."

(Excerpt) Read more at newsbusters.org ...


TOPICS: News/Current Events
KEYWORDS: aliens; amnesty; brownback; crimaliens; immigrantlist; legalsophistry; shamesty; statuteoflimitations; switchback
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1 posted on 08/21/2007 3:36:02 PM PDT by chessplayer
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To: chessplayer

have these idiots been impeached yet?


2 posted on 08/21/2007 3:38:03 PM PDT by SCHROLL
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To: chessplayer

more:
http://www.freerepublic.com/focus/f-news/1884311/posts
http://www.freerepublic.com/focus/f-news/1884203/posts
(msm spin)


3 posted on 08/21/2007 3:40:11 PM PDT by xcamel (FDT/2008 -- talk about it >> irc://irc.freenode.net/fredthompson)
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To: chessplayer

Related...

http://exposingtheleft.blogspot.com/2007/08/court-just-being-in-us-isnt-illegal.html


4 posted on 08/21/2007 3:40:11 PM PDT by traderrob6
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To: SCHROLL

HOW one enters the US determines “legal” and “illegal” residency. Entering as a tourist is one thing, entering as a burglar stealing through the night is something altogether different. Even those who have entered with perfectly satisfactory documentation, of which there is an expiration date, once they have overstayed their welcome (and I am sure every one of the tardy ones is entirely capable of READING what that date was), they lose their credibility at once.

There is the special case of granting “asylum”, for those individuals who are escaping persecution or tyranny in some foreign land. But even this does not automatically grant any special rights, as there is no way of knowing the reason for flight from the land of origin is not, in fact, because the fugitive is fleeing justly deserved legal prosecution.

Now I ask you - does Mexico have that tyrannical a regime, that millions must flee? If so, hadn’t we ought to do something about it?


5 posted on 08/21/2007 3:44:08 PM PDT by alloysteel (Never attribute to ignorance that which is adequately explained by stupidity.)
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To: SCHROLL

This would seem like a good case for impeaching judges. What kind of judgement do these judges have if they interpret the law in this manner?

Are they making it up as they go along?


6 posted on 08/21/2007 3:44:48 PM PDT by Dilbert San Diego
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To: traderrob6

This is like saying “it’s illegal to steal, but if you can manage to steal without getting caught in the act, you can keep the money even if they discover later that you stole.”


7 posted on 08/21/2007 3:44:51 PM PDT by Truthsearcher
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To: chessplayer

So if I rob a bank and a day later the FBI arrests me for it, they have to let me go because they waited too long to catch me?


8 posted on 08/21/2007 3:47:44 PM PDT by crazyhorse691 (The faithful will keep their heads down, their powder dry and hammer at the enemies flanks.)
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To: Dilbert San Diego

“Are they making it up as they go along?”

Yes.


9 posted on 08/21/2007 3:51:17 PM PDT by vetsvette (Bring Him Back)
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To: chessplayer
Well, maybe someone needs to rewrite the law.

But on appeal, a three-judge panel threw out the sentence, based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country.

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.

The court also cited previous cases, including a 1958 Supreme Court case, which found that laws regarding illegal entry into the country "are not continuing ones, as 'entry' is limited to a particular locality and hardly suggests continuity."

Because the judge hadn't determined whether Martinez had been deported previously, the appeals court ruled she had no legal basis to deny probation, since simply being in the country isn't necessarily a crime.

10 posted on 08/21/2007 3:53:42 PM PDT by narby
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To: chessplayer
I haven't read garbage like this ruling for a while.

There was no advance notice prior to the actual sentencing hearing. When the sentencing judge gave notice of her intent to depart, Martinez was not provided an adequate opportunity to marshal and present his arguments against departure before sentence was pronounced.
http://www.kscourts.org/kscases/ctapp/2007/20070817/96613.htm

That quote is down further but the first few interpretations give a general idea.
11 posted on 08/21/2007 3:53:46 PM PDT by kinoxi
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To: chessplayer

Thanks for posting this I had not seen it before.
Keep up the good work


12 posted on 08/21/2007 3:54:39 PM PDT by WKB (It's hard to tell who's more afraid of Fred Thompson; The Dims or the rudibots.)
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To: chessplayer

“Kansas Court: Illegal Immigrants Not Really Illegal”

THIS IS JUST
Legal sophistry in the service of “SHAMNESTY” (de facto amnesty for illegals)

This is what I expected after “comprehensive immigration reform” was
slammed by LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA.

Trick and LEGAL SOPHISTRY (word tricks) to get US Citizenships even
for CRIMINALS that have violated our borders (CRIMALIENS).

Soon, there will be a legal decision that anyone that invaded the USA
but didn’t get caught before the statute of limitation ran (2-3 years?)
is a de factor US citizen.

Just another way to give the MIDDLE FINGER (”digitus indignitus”)
to all our law-abiding immigrants that put up with all the BS of
following the law and “playing by the rules” to legally become
MY FELLOW US CITIZENS!!!!!


13 posted on 08/21/2007 3:56:11 PM PDT by VOA
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To: chessplayer

Don’t panic over this yet. Reason being is that the courts are saying “It’s illegal to hold up a bank for millions of dollars, but it is not illegal if you don’t get caught.” Cool!


14 posted on 08/21/2007 3:56:57 PM PDT by RC2
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To: chessplayer

don’t get mad at the court — it is correct.

It is a criminal violation of the law to enter the country illegally. (that criminal violation is punishable for the applicable statute of limitations)

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

This problem has been part of the illegal immigration enforcement problem from the begining. This is why the Feds control enforcement efforts, and why the 287(g) program was ceated to provide states and localities the right to enforce Federal immigration law concerning being present without proper documentation.

Most “illegals” do enter the country illegally — making them truly illegal. Some, however, enter lawfully on student VISA’s, and never leave. They are not subject to criminal sanctions.

Don’t like it? Me neither.

Tell it to the Congress — not the Courts.


15 posted on 08/21/2007 4:01:00 PM PDT by Iron Eagle
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To: chessplayer
HEY JUDGES:
16 posted on 08/21/2007 4:02:34 PM PDT by Califreak (Go Hunter!)
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To: Dilbert San Diego
This would seem like a good case for impeaching judges. What kind of judgement do these judges have if they interpret the law in this manner? Are they making it up as they go along?

They are not making it up as they go along; they are exactly following the laws as written by Congress. Your argument is with Congress, not the judges.

17 posted on 08/21/2007 4:05:07 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: chessplayer

This is insanity. Our current Kansas Supreme Court is dangerous. Watch out.


18 posted on 08/21/2007 4:16:32 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: SCHROLL

Kerry really screwed everything up. I voted against it before ...


19 posted on 08/21/2007 4:17:27 PM PDT by golfisnr1 (Democrats are like roaches - hard to get rid of.)
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To: Iron Eagle

I’ve heard that 1/2 the illegals in the US had originally entered the country legally as a tourist, student, or worker.

I’m beginning to think that the ONLY solution to this mess is a grass roots effort to change the constitution.


20 posted on 08/21/2007 4:18:08 PM PDT by Tai_Chung
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