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To: rlmorel
But both felons and illegal immigrants are criminals.

I am not a lawyer. Can a lawyer (maybe you, if you are a lawyer) clarify exactly what the US Code means in this area?

54 posted on 11/24/2007 6:35:42 AM PST by ricks_place
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To: ricks_place
Well, I am not a lawyer either. Good thing, with all those lawyer jokes, too.

Entering this country "illegally" as an illegal immigrant would is clearly against our laws.

See this section from Sec. 212. [8 U.S.C. 1182] :

B) 13/ ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

Basically, that last line underscored and bolded defines what "unlawful presence" means, which is "against the law". So, yes, that would put them in contradiction of our laws, which makes them criminals.

66 posted on 11/24/2007 2:43:42 PM PST by rlmorel (Liberals: If the Truth would help them, they would use it.)
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