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To: Red Steel
Boy, I know I'll get flamed for this, but here goes. Parsing legal terminology, there is a claim to saying minors should not be considered illegal or criminal aliens. Point being, a crime involves a criminal act with criminal intent. Our legal system normally considers minors incapable to form the requisite intent to commit a crime except under certain circumstances. As such, the Federal Juvenile Delinquency Act provides that a juvenile under the age of 18 is not considered to have committed a "crime" but rather an act of "delinquency."

If a 3 year old is carried across the border by his/her parents, the parents are definitely committing a criminal act and should be treated as such. However, the child is another matter. Personally, I believe that, under the law, the child has not committed a "crime." However, I also believe that upon their 18th birthday, if they choose to remain in the United States knowing that they do not have legal status, they have committed a crime and are illegal. As a fellow member of the bar I would think that Sen. Rubio sees that as an issue too. I would also agree with him that how you handle that issue should not be the subject of presidential fiat but belongs within the purview of congress.

In reading Sen. Rubio's statement, and not just the headlines of the main stream media's interpretation of his statement, I think he is pointing out that while there may be an issue there to consider, congress should be the ones to act on it and it is dangerous for the president to be issuing these decrees unilaterally. I really don't see the problem with the statement.

60 posted on 06/15/2012 1:04:45 PM PDT by Armando Guerra
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To: Armando Guerra
Personally, I believe that, under the law, the child has not committed a "crime."

And deportation is not a punishment.

81 posted on 06/15/2012 1:28:30 PM PDT by VeniVidiVici (Congrats to Ted Kennedy! He's been sober for two years now!!)
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To: Armando Guerra

So...using your analogy...if the children of bank robber parents were given the money from the robbed bank...they would be allowed to keep it?

Or, if the parents were drug dealers....would the kids still be able to keep the money given to them by parents...made from the drug deals?

Both cases, no they would not...the money will be seized

So...why should the kids of illegal alien parents be able to benefit from their parents lawbreaking? The kids of illegal alien parents should not be allowed to gain benefit from parental lawbreaking


86 posted on 06/15/2012 1:42:15 PM PDT by SeminoleCounty (Obama really was not born in Kenya...he was born in Greece. Look at the economy)
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