California Dreaming?

[Brother Hesekiel 2,236]

So even though we are both posting on a Visa Site, your telling me that a foreigner entering into this country without a visa is not Illegal ?

So all those people running across the border at night are not breaking any laws of the United States of America ?

So far we were talking about people who are in the county without permission and are working and going to school. That's a civil infraction, which is pretty much nothing.

You are correct, however, running across the border is a civil offense (punishable by a fine), not a crime (punishable by fine/prison).

US Code offense referring to this:

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a *civil* penalty of—

(1) at least $50 and not more than $250 for each such entry (or attempted entry)

Ther you have it. Poor Jose could be fined $50. Never happens.

[Ban Hammer 13,486]

So far we were talking about people who are in the county without permission and are working and going to school. That's a civil infraction, which is pretty much nothing.

You are correct, however, running across the border is a civil offense (punishable by a fine), not a crime (punishable by fine/prison).

US Code offense referring to this:

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a *civil* penalty of—

(1) at least $50 and not more than $250 for each such entry (or attempted entry)

Ther you have it. Poor Jose could be fined $50. Never happens.

that seems to apply to those caught in the act of trying to get in. what about those that were successful and are caught days/weeks/months/years later?

[I AM NOT THAT GUY 5,715]

For instance:

Illegal Presence in the U.S.

If you entered the U.S. by using fake documents, you may be ineligible from entering again. For example, if you used a genuine U.S. passport and assumed the identity of an American citizen to gain entry on or after September 30, 1996, you are permanently ineligible for both nonimmigrant and immigrant visas.

If you entered the U.S. legally on a tourist visa and stayed longer than allowed, you should know that this may have serious consequences. Visitors who overstay may be barred from visiting or immigrating to the U.S. for a period of three to ten years, depending on when and how long the illegal stay is.

Applicants should note that an illegal overstay will affect their ability to qualify for a tourist visa. Remember that each applicant must overcome the presumption that he or she is an intending immigrant by demonstrating strong ties to Guyana. If one has stayed illegally in the U.S. it will be more difficult to prove this. It is at the discretion of the interviewing officer to determine whether or not you qualify for a visa.

Applicants who entered illegally or overstayed and are applying for immigrant visas are subject to specific calculations in determining ineligibility. People who have lived illegally in the United States for more than six months after January 1, 1997 are considered ineligible to enter the U.S. If you were unlawfully present in the U.S. between 180 days and one year, you are inadmissible to reenter for a period of 3 years after your departure. Individuals unlawfully present for more than one year are inadmissible for 10 years after departure. Please note time before April 1, 1997 and when the foreigner was under the age of 18, do not count in calculating ineligibility.

If you have had problems with the law in the U.S. or with U.S. immigration authorities in the past, chances are that we either know about it, or will discover it before you are issued a visa. Be honest during your on your application and at the interview. A waiver may be available for applicants who have made mistakes in the past.

http://georgetown.usembassy.gov/guyana/ac_02082007.html

Edited March 27, 2011 by Some Old Guy

[Dakine10 5,452]

that seems to apply to those caught in the act of trying to get in. what about those that were successful and are caught days/weeks/months/years later?

§ 1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who

(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or

(2) eludes examination or inspection by immigration officers, or

(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

I read a while back that almost half of the illegal immigrants in the USA were visa overstays and for that group of people, the illegal presence alone is not a criminal offense.

For illegal immigrants that are EWI, it seems according to the above that imprisonment under title 18 is a possibility. And that would be a criminal offense of course.

[peejay 327]

Criminal offense or not...illegal aliens are subject to arrest, detention, and forcible removal from the USA. The illegal alien cheerleaders love to bloviate and crow that illegal presense is merely a minor civil infraction on par with something like jaywalking or a speeding ticket. Total bullshit!

This attitude also ignores the fact that a huge portion of the illegal alien population commit fraud using stolen and/or fake documents to illegally work in addition to many other illegal acts.

Californians should be outraged that their elected officials are encouraging and incentivizing this sleazy activity by using public funds specifically and purposely for the sole benefit of illegal aliens.

[I AM NOT THAT GUY 5,715]

Criminal offense or not...illegal aliens are subject to arrest, detention, and forcible removal from the USA. The illegal alien cheerleaders love to bloviate and crow that illegal presense is merely a minor civil infraction on par with something like jaywalking or a speeding ticket. Total bullshit!

This attitude also ignores the fact that a huge portion of the illegal alien population commit fraud using stolen and/or fake documents to illegally work in addition to many other illegal acts.

Californians should be outraged that their elected officials are encouraging and incentivizing this sleazy activity by using public funds specifically and purposely for the sole benefit of illegal aliens.

California is not Iran, or North Korea, dude!

Edited March 27, 2011 by Some Old Guy

[peejay 327]

California is not Iran, or North Korea, dude!

And.......what is your point?

[I AM NOT THAT GUY 5,715]

And.......what is your point?

We don't throw lost tourists into jail.

[peejay 327]

We don't throw lost tourists into jail.

So...illegal aliens are now referred to as "tourists" in the People's Republic of California? That's a new one. Now libs have another rationalization for illegal immigration. Henceforth they will now be referred to as "tourists". "Undocumented Dumbocrats" is out...."tourists" is in. Got it!

Edited March 27, 2011 by peejay

[Bad_Daddy 2,209]

This is just another reason why the USA needs to cut California loose and build a gigantic wall around it while making strict visa restrictions for Californians...and their "tourist". California will end up drowning in their own liberal ignorance and then cry to Washington why they had to file for bankruptcy. boo hoo ... Let them sink...they asked for it. It's about time that state got a good dose of actual reality.

[peejay 327]

This is just another reason why the USA needs to cut California loose and build a gigantic wall around it while making strict visa restrictions for Californians...and their "tourist". California will end up drowning in their own liberal ignorance and then cry to Washington why they had to file for bankruptcy. boo hoo ... Let them sink...they asked for it. It's about time that state got a good dose of actual reality.

Sounds like a good idea, but the assclowns in D.C. can't even keep illegal aliens out of the USA already. What makes you think they are capable of doing it with Cali added to the mix?

It would be better to deport all the liberal fruits, nuts, and flakes to Mexico and then build a massive wall on the US / Mexico border to keep them there. Mexico's loss would be our gain. Not to mention that the IQ of both countries would get a boost.

[Bad_Daddy 2,209]

Sounds like a good idea, but the assclowns in D.C. can't even keep illegal aliens out of the USA already. What makes you think they are capable of doing it with Cali added to the mix?

It would be better to deport all the liberal fruits, nuts, and flakes to Mexico and then build a massive wall on the US / Mexico border to keep them there. Mexico's loss would be our gain. Not to mention that the IQ of both countries would get a boost.

[Dakine10 5,452]

Sounds like a good idea, but the assclowns in D.C. can't even keep illegal aliens out of the USA already. What makes you think they are capable of doing it with Cali added to the mix?

Can't is the wrong word. It's not that they can't, they WON'T, and the reason why has nothing to do with liberals or conservatives.

http://www.newswithviews.com/Wooldridge/frosty431.htm

[The_Dude 1,142]

This is just another reason why the USA needs to cut California loose and build a gigantic wall around it while making strict visa restrictions for Californians...and their "tourist". California will end up drowning in their own liberal ignorance and then cry to Washington why they had to file for bankruptcy. boo hoo ... Let them sink...they asked for it. It's about time that state got a good dose of actual reality.

Sounds like a good idea, but the assclowns in D.C. can't even keep illegal aliens out of the USA already. What makes you think they are capable of doing it with Cali added to the mix?

It would be better to deport all the liberal fruits, nuts, and flakes to Mexico and then build a massive wall on the US / Mexico border to keep them there. Mexico's loss would be our gain. Not to mention that the IQ of both countries would get a boost.

Yes, let's cast off the 6th biggest economy in the world. Good idea, no wonder you two have such lofty public policy positions. Oh wait......

Nice attempted troll by both of you. Let's examine both of your states. Peejay, Texas is in just as much trouble as California is from a budgetary perspective. Furthermore, the fact that Texas has no state income tax has left it's schools and infrastructure left behind and leaves fewer methods to deal with it. Then there is Alaska, the ultimate welfare state. Not only do they receive the most money from the government, they pay the least back in the form of taxes. Leeches shouldn't be getting money back for being government welfare sucks, they should be paying it back, as payment for all the entitlements they get. Blame it on the natives all you want, but we both know it's a load of #######.

[Bad_Daddy 2,209]

Yes, let's cast off the 6th biggest economy in the world. Good idea, no wonder you two have such lofty public policy positions. Oh wait......

Nice attempted troll by both of you. Let's examine both of your states. Peejay, Texas is in just as much trouble as California is from a budgetary perspective. Furthermore, the fact that Texas has no state income tax has left it's schools and infrastructure left behind and leaves fewer methods to deal with it. Then there is Alaska, the ultimate welfare state. Not only do they receive the most money from the government, they pay the least back in the form of taxes. Leeches shouldn't be getting money back for being government welfare sucks, they should be paying it back, as payment for all the entitlements they get. Blame it on the natives all you want, but we both know it's a load of #######.

If you only had a clue....

California could have the #1 economy in the world and it wouldn't make difference for the fact California is BROKE !

And for Alaska....gee whiz what would Alaska do if it was on it's own... let's see now. We have the largest oil deposit's in North America, the largest gold deposit's in North America, and then there is our gas, timber, and fishing.

duh... I see economics isn't your forte.