A dizzying series of legal twists and turns: Foreign-born spouses...

Oct 20, 2012 Full story: Santa Cruz Sentinel 22

Given the white-hot politics of immigration, it's perhaps not surprising that President Obama instantly drew fire with a proposal in January to help undocumented spouses of American citizens obtain legal status - without being ousted from the U.S. for years as punishment.

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freebird

Long Beach, CA

#21 Oct 23, 2012
Rico the Terrible wrote:
<quoted text>
Illegals are breaking a law, good way to state the obvious. That law is a civil infraction that carries a fine of $50 to $250 [first time offense], the legal equivalent of jaw walking or public littering.
8 U.S.C.§ 1325 : US Code - Section 1325: Improper entry by alien
So why are you frothing at the mouth about it like a rabid hyena?
You justify the illegality of this act by the fact that the law interprets it as illegal, yet you seem to ignore the fact that the penalty is also extremely mild and that the "law" you rely on to pontificate also regards this crime as insignificant. Insignificant enough for the fine to be less than a speeding ticket in some places, so miniscule that people have to be caught doing it several times for it to be prosecuted beyond a littering ticket.
Everyone is ignoring section (a) and just jumping to section (b). Read section (a).

http://www.law.cornell.edu/uscode/text/8/1325

8 USC § 1325 - Improper entry by alien

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

(b) Improper time or place; civil penaltiesAny 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.

(c) Marriage fraudAny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Immigration-related entrepreneurship fraudAny individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

“United We Stand”

Since: Dec 11

Divided We Fall

#22 Oct 24, 2012
freebird wrote:
<quoted text>
Everyone is ignoring section (a) and just jumping to section (b). Read section (a).
http://www.law.cornell.edu/uscode/text/8/1325
8 USC § 1325 - Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of factsAny 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.
(b) Improper time or place; civil penaltiesAny 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.
(c) Marriage fraudAny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraudAny individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
Of course, if the immigration laws are tougher in the country they are from we should respect their culture and use those penalties instead.

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