There are some extenuating circumstances where the offense can be criminal, (and I need to bone up before I speak) but my recollection is that if the alien has been caught previously entering the U.S., then it is a criminal offense, (but again, I need to re-read the statutes) ------ I believe I stated that in the root message.
On May 22, 9:21 am, Keith In Tampa <[email protected]> wrote: > Good and simple explanation Mark, and absolutely correct. > > There are some extenuating circumstances where the offense can be criminal, > (and I need to bone up before I speak) but my recollection is that if the > alien has been caught previously entering the U.S., then it is a criminal > offense, (but again, I need to re-read the statutes) > > Keith > > On Fri, May 21, 2010 at 6:38 PM, THE ANNOINTED ONE > <[email protected]>wrote: > > > > > > > Euwe, > > > This post says and or implies the same as your first. Repeating it > > makes it no more correct nor does it affect my response to your first > > post or it veracity. You are correct, they can not be sent to prison, > > just "detainment centers" while awaiting processing. Arizona is > > willing to hold all it detains while they await deportation, thus > > relieving the federal government of this financial burden. > > > The constitution guarantees free passage amongst the 50 states and > > various territories and possessions to all who are inside these > > borders legally... it is mute on whose responsibility these illegal > > people are once here and inside a particular states frontiers and the > > 10th Amendment gives all rights not specifically mentioned in that > > document to the states. > > > Arizonas new law is in direct compliance with present Federal statute > > with one exception... they are not allowed to profile.. the Feds are. > > > Try again please. > > > On May 21, 3:57 pm, euwe <[email protected]> wrote: > > > "Illegal presence" as the offense is called, is not a violation of > > > the U.S. criminal code. A person cannot be sent to prison for being > > > here without authorization from immigration authorities. It is, > > > however, a violation of civil immigration laws, for which the federal > > > government can impose civil penalties, namely deportation > > > > On May 21, 4:42 pm, THE ANNOINTED ONE <[email protected]> wrote: > > > > > I did not realize that that was ever a question put forth here. I do > > > > know that if they cross with another person or persons or use the > > > > services of a third party to do so it is a conspiracy and therefore IS > > > > actually a felony under federal statute; to wit: > > > > > An agreement between two or more persons to engage jointly in an > > > > unlawful or criminal act, or an act that is innocent in itself but > > > > becomes unlawful when done by the combination of actors. > > > > > Conspiracy is governed by statute in federal courts and most state > > > > courts. Before its Codification in state and federal statutes, the > > > > crime of conspiracy was simply an agreement to engage in an unlawful > > > > act with the intent to carry out the act. Federal statutes, and many > > > > state statutes, now require not only agreement and intent but also the > > > > commission of an Overt Act in furtherance of the agreement. > > > > > Conspiracy is a crime separate from the criminal act for which it is > > > > developed. For example, one who conspires with another to commit > > > > Burglary and in fact commits the burglary can be charged with both > > > > conspiracy to commit burglary and burglary. > > > > > Conspiracy is an inchoate, or preparatory, crime. It is similar to > > > > solicitation in that both crimes are committed by manifesting an > > > > intent to engage in a criminal act. It differs from solicitation in > > > > that conspiracy requires an agreement between two or more persons, > > > > whereas solicitation can be committed by one person alone. > > > > > Conspiracy also resembles attempt. However, attempt, like > > > > solicitation, can be committed by a single person. On another level, > > > > conspiracy requires less than attempt. A conspiracy may exist before a > > > > crime is actually attempted, whereas no attempt charge will succeed > > > > unless the requisite attempt is made. > > > > > The law seeks to punish conspiracy as a substantive crime separate > > > > from the intended crime because when two or more persons agree to > > > > commit a crime, the potential for criminal activity increases, and as > > > > a result, the danger to the public increases. Therefore, the very act > > > > of an agreement with criminal intent (along with an overt act, where > > > > required) is considered sufficiently dangerous to warrant charging > > > > conspiracy as an offense separate from the intended crime. > > > > > Try again please. > > > > > On May 21, 2:05 pm, euwe <[email protected]> wrote: > > > > > > Theirs is a civil infraction, not prosecutable in criminal courts > > > > > until they have been deported at least once. > > > > > > -- > > > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > > > * Visit our other community > > > > > athttp://www.PoliticalForum.com/<http://www.politicalforum.com/> > > > > > > * It's active and moderated. Register and vote in our polls. > > > > > * Read the latest breaking news, and more. > > > > > -- > > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > > * Visit our other community > > > > athttp://www.PoliticalForum.com/<http://www.politicalforum.com/> > > > > > * It's active and moderated. Register and vote in our polls. > > > > * Read the latest breaking news, and more. > > > > -- > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > * Visit our other community > > > athttp://www.PoliticalForum.com/<http://www.politicalforum.com/> > > > > * It's active and moderated. 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