Liquid Reigns,
You've challenged me on how many boards and lost this debate? How many have you been banned for when you couldn't win with a well reasoned response as opposed to the questionable tactics you employ?
The only board I was banned from was politicalforum, and it wasn't because of you. SMFH What argument is it that I haven't "won".
You have resorted to name calling, lying, making this a personal issue, and worse. So, I will answer Liquid Reigns on this ONCE. After that, if someone else wants additional proof, I'll be glad to help them out.
LMFAO
The federal government is well known to misapply laws; to prosecute innocent people; to malign the laws.
I checked that link Reigns provided. It didn't work. There was a 1991 case that went to the appeals court and the government lost. But I digress. I want you to suppose that Reigns is right. Now, rather than criticize me, answer my questions for once.
The link works just fine. What 1991 case went to the appeals court and lost? You have a bad habit of making claims without linking to those very claims. SMFH
1) Title 8 USC 1325 NEVER imposes any criminal penalty without citing Title 18 (EIGHTEEN) of the U.S. Code. IF Title 8 is criminal law, how come you suppose that U.S. Rep. James Sensenbrenner (a Congressman, attorney AND a TEA Party Republican) introduced a bill to make Improper Entry a crime?
The bill proposed was to add visa overstay as a crime, since it isn't even after an order of deportation is issued.
Section 203 from your link makes "illegal presence" a crime.
(Sec. 203) Makes illegal U.S. presence a crime.
Increases prison penalties for first-time improper U.S. entry. Expands: (1) penalties for marriage and immigration-related entrepreneurship fraud; and (2) criminal penalties imposed upon aliens who illegally enter the United States or who are present illegally following convictions of certain crimes.
It doesn't say anything about improper entry other than to increase the prison penalty (more than 6 months first offense and more then 2 years for second offense) and impose greater criminal penalties if they have been convicted of certain other crimes prior. SMFH at your shear stupidity.
If Title 8 USC 1325 is a crime, how come you need another law to change the wording to make it a crime???? Are the TEA Party attorneys and politicians that stupid?????
There is no "other" law to change the wording to make it (improper entry) a crime, 203 merely adds to 8usc1325 making illegal presence a crime (visa overstay). I'm betting it isn't the TEA Party attorneys and politicians that are stupid, rather it is you.
2) If Title 8 USC 1325 is a crime, how come when you look at the section Liquid Reigns wants you to see it references Title 18 of the United States Code? And let's be accurate here. Let's look at the relevant portion:
(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."
Why do you skip sections 1 and 2? Do you not know how to actually read the law?
(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.
That pesky little word "or" kinda calls you a moron. up to 6 months in jail is an automatic Misdemeanor, up to 2 years in jail is an automatic Felony.
And then we have section B of 8USC1325.
(b) Improper time or place; civil penalties. 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); or
(2)
twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
Note that section 3 is confined to a single statute that has NOTHING to do with improper entry. It has to do with willfully false or misleading statements AND section 3 of 8 USC 1325 references Title 18 for the criminal portion. Now let's read Title 18:
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)
makes any materially false, fictitious, or fraudulent statement or representation; or
(3)
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
https://www.law.cornell.edu/uscode/text/18/1001
See above, especially that little word "or" in 8USC1325.
There is no Improper Entry in Title 18.
18USC19 - Petty Offense
https://www.law.cornell.edu/uscode/text/18/19
Since 8USC1325 is a Federal Law, Improper Entry is a Petty Offense and is tried as a petty offense. Sorry, you fail as usual.
Okay, so Pedro slips into the U.S. Nobody catches him. Later, if he's caught and he does not lie; does not use false papers; does not try to pretend he is married to an American; doesn't offer phony papers, he cannot be tried for a criminal offense. Period - End of story.
And yet he can be tried and as my prior link shows, for 8USC1325(a). Here is another showing you that you don't have the first clue as to what you are claiming or stating.
https://www.justice.gov/usao-mdpa/pr/three-charged-improper-entry-united-states
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, announced that three individuals were charged with being in the United States illegally in separate cases.
According to United States Attorney Peter J. Smith, Informations were filed Monday against: Adolfo Lopez-Perez, age 24, and Antonio Rios, age 42, natives and citizens of Mexico, both found in Adams County and Tomas Justino Mercado-Mendoza, age 26, a native and citizen of El Salvador, found in York County. The three came to the attention of authorities after eluding examination or inspection by immigration officers.
Wow, in Pennsylvania.....how far is that from the southern border? SMFH at your shear stupidity.
OTOH, if Pedro eludes authorities, lies to the authorities, provides false paperwork, claims he has American relatives that anchors him to the U.S. or anything covered in Title 18, he will tried under Title 18 for the crimes AND given a civil fine to pay then be deported in accordance with Title 8 USC 1325.
Again 18USC19 says you don't know jack shit about basic law, but then again, I have known that since your first claims of you espousing you have 6 years immigration law experience. LMFAO watafuknmoron
Reigns is now on my ignore list, so somebody else can make the case.
All of your questions have been answered and you have been shown to be a moron. You will find all agree with me, accept activists that are like you that are ignorant to the actual law.