Posted on 01/14/2003 8:01:56 AM PST by JackelopeBreeder
This actually tends to be more of a problem at the state level, where most welfare benefits are administered. State officials simply do not report illegal status to the feds, so the INS is not aware that an illegal is on the state welfare rolls. But above and beyond that, the attitudes towards illegal immigration have, quite frankly, gotten Orwellian. A classic example was an illegal caught working at an airport, against federal regulations for such. She was put on probation - and as long as she didn't break the law, she could stay. For cryin' out loud, she's already breaking the law by being here illegally! That's the destruction of plain language and law that is starting to drive me nuts over this issue.
But thank you, I already am writing my senators - but I can do that AND support what the border groups are doing as well. Both are needed to bring attention to the insanity that passes for the execution of federal laws regarding immigration nowadays. And despite the unsupported claims of BlackElk, the groups are NOT breaking the law...
Actually, I posted them and the AZ trespass laws on this thread earlier. The groups are currently working on private land at the express invite of landowners, and are mostly limiting themselves to observing aliens crossing private land and reporting the movements to the Border Patrol, who apparently has been quite cooperative. The only time the groups detain anyone is when they are observed breaking into residential buildings - which is, as described under 1st Degree Trespass in Arizona, a felony, and under the citizens arrest laws of Arizona, private citizens are allowed to make citizens arrests upon suspicion of a felony. So from what I can see, the groups are acting in a lawful manner under Arizona law. It's telling that Rep Grijalva wants to invite Ashcroft to look into what is essentially a state matter here, because the state laws do not prohibit what the groups are doing.
Now, if the groups go onto public land, they would have to limit themselves strictly to observation.
The states, from what I have seen, simply fail to notify the feds of the immigration status of applicants.
Which they are not doing. Because almost no one in the federal government seems to want immigration law enforced. Which is exactly the friggin' point I am trying to make.
13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
B. Burglary in the third degree is a class 4 felony.
13-1507. Burglary in the second degree; classification
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.
If they are seen taking anything out of the structure (and most aliens are breaking in to find food or supplies), it becomes burglary and a suspected felony at that point.
Uh, this was my initial qualification for the burglary statutes:
if the aliens are observed breaking into a non-residential structure and removing contents.
You wanna nitpick this thread to death and not read what I have posted, be my guest, but you have done nothing to demonstrate that the border groups are doing anything illegal...
13-3884. Arrest by private person
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
Wanna nitpick that one?
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