Is an Illegal “immigrant” Illegal?
There apparently is a lot of confusion with “certain” people that it has become apparent that a detailed explanation is needed.
First let’s explore the word “Illegal” Definition follows:
il•le•gal [ i lg'l ]
1. against law: contravening a specific law, especially a criminal law
Now is entering this Country’s borders without permission and at other than approved entrance points Illegal?
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:
• Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
• Eludes examination or inspection by immigration officers; or
• 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;
has committed a federal crime.
Does this make it a CRIME?
crime [ krīm ]
1. illegal act: an action prohibited by law or a failure to act as required by law
2. illegal activity: activity that involves breaking the law
So entering the Borders of the United States either by fraud or other willful act is Illegal.. And any act that is illegal is a Crime. A Crime can be punished by Fines and/or imprisonment.
So being an Illegal Immigrant is therefore illegal so the answer is yes to both questions.
Now how does a potential immigrant gain access to this Country? Well one must generally obtain a “Green Card.”
“A Green Card or Permanent Resident Card serves as proof of a person's lawful permanent resident status in the United States. An individual with a Green Card has the right to live and work permanently in the United States. A person’s valid Green Card also means that he or she is registered in the U.S. in accordance with United States immigration law. “
Must all immigrants obtain a Green Card? YES although there are also various other forms including visas but for the purpose of this argument we will assume only a Green Card requirement.
So to be legal one must obtain a Green Card. Now do you have to carry it at all times?
“Many immigrants may not be aware of the fact that it is a legal requirement for Permanent Residents to carry their Permanent Resident Card with them at all times. If and only when a Permanent Residence chooses to become a naturalised citizen of America will they relinquish their Permanent Resident Card and no longer have to carry it with them. Under the "Now that you are a Permanent Resident" heading on the USCIS web site, it states: "The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their Permanent status in the US. The card must be in your possession at all times." US Immigration Dept of Immigration
“carry their Permanent Resident Card with them at all times.”
Let’s look at this statement a little more closely. It is a FEDERAL REQUIREMENT that any non-naturalized immigrate to carry AT ALL TIMES PROOF that this person is in the Country LEGALLY.
Now let’s look at a few of the posters “worry’s shall we.
1. “Even with this cynical truism, human rights are involved here. .. the rights to be treated like a citizen of the US regardless of your skin color. Shall we all carry papers to prove we're citizens?”
Well if you are a citizen you carry just such papers it’s called a Drivers License or a Social Security card. Upon request you may be compelled to present them. And by definition if you are illegally in the US you are not a US Citizen and thus are not afforded the same RIGHTS. Note I did not say they had no RIGHTS just not the same Rights afforded to Citizens.
2. “A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime. “
Being in this Country illegally without a “Green Card” means you have committed a CRIME.. see “Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien,” therefore a Police Officer can compel an suspected illegal Alien to present ID. See :US Dept of Immigration Must carry at all times rule. There are various ways a Police Officer may develop “Reasonable Suspicion” or “Probable Cause” why too many to get into here.
Hiibel v. Sixth Judicial District Court of Nevada, Humbolt County
In sum, Hiibel holds a state may criminalize a refusal to produce identification as long as the detention is predicated on a valid Terry stop (i.e., reasonable suspicion). In other words, police officers do not violate the Fourth Amendment when they arrest an individual after the individual refuses to provide identification during a lawful detention pursuant to their state's stop-and-identify statute.
3.” If every person in AZ is asked the same question and must produce documentation no matter what race then there is no problem. As you know that won’t happen in this case. The majority of the people who will have to produce documentation will be Hispanic. That would be racial profiling and racism at its best.”
One must assume the absolute worst case scenario why? The Law is very specific on this. EVERYONE will have this applied EQUALLY.
It’s called Equal Justice not Social Justice. Yes in Arizona the vast majority of illegal Aliens will be Hispanic.. So what? As long as the law is applied EQUALLY it is not un-Constitutional to enforce FEDERAL Laws.
Why are certain groups of people protecting Criminals?
Look at one Hispanic gang.. MS-13:
“In the early 1980s a civil war erupted in El Salvador killing as estimated 100,000 people. In addition, it is estimated between one and two million people have immigrated to the United States as a result of the unstable environment in El Salvador. “
These are illegal aliens as well. Google Illegal Aliens and Rape you get 10,500,000 hits for one class of people and just ONE crime.
Now does that mean all illegal aliens are rapist, murders etc.. No but they are criminals never the less .
Arizona spends $1 BILLION dollars a YEAR due to illegal aliens. They are #2 in the WORLD for kidnappings second only to Bogotá.
A majority of Americans are behind Arizona and that includes people of all races including Hispanics.
Illegal Immigration is a very serious issue. Ignoring it as our Government has done for years will not solve it. But maybe acts like Arizona’s will bring this issue some new light.
It has all of us taking sides doesn’t?