have these idiots been impeached yet?
more:
http://www.freerepublic.com/focus/f-news/1884311/posts
http://www.freerepublic.com/focus/f-news/1884203/posts
(msm spin)
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?
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.
Thanks for posting this I had not seen it before.
Keep up the good work
“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!!!!!
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!
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.
This is insanity. Our current Kansas Supreme Court is dangerous. Watch out.
Our goverment, state, local or federal are trying their best to get the illegals to stay by hook or crook.
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.