As I keep saying.... it is on the books as a felony.... I would imagine that the research done by these people is a whole lot more thorough than yours.
The Congressional Research Service (CRS), in an Apr. 6, 2006 report entitled "Immigration Enforcement Within the United States," offered the following: "The INA [Immigration and Nationality Act] includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice). Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes. Criminal violations of the INA, on the other hand, include felonies and misdemeanors and are prosecuted in federal district courts. These types of violations include the bringing in and harboring of certain undocumented aliens, the illegal entry of aliens, and the reentry of aliens previously excluded or deported." * * On Sun, May 23, 2010 at 2:29 PM, euwe <[email protected]> wrote: > CIVIL CONSPIRACY > 'The elements of an action for civil conspiracy are the formation and > operation of the conspiracy and damage resulting to plaintiff from an > act or acts done in furtherance of the common design. . . . In such an > action the major significance of the conspiracy lies in the fact that > it renders each participant in the wrongful act responsible as a joint > tortfeasor for all damages ensuing from the wrong, irrespective of > whether or not he was a direct actor and regardless of the degree of > his activity.'' (Doctors' Co. v. Superior Court (1989) 49 Cal.3d 44, > citing Mox Incorporated v. Woods (1927) 202 Cal. 675, 677-78.)' (Id. > at 511.) > > 'Conspiracy is not a cause of action, but a legal doctrine that > imposes liability on persons who, although not actually committing a > tort themselves, share with the immediate tortfeasors a common plan or > design in its perpetration. By participation in a civil conspiracy, a > coconspirator effectively adopts as his or her own the torts of other > coconspirators within the ambit of the conspiracy. In this way, a > coconspirator incurs tort liability co-equal with the immediate > tortfeasors. Standing alone, a conspiracy does no harm and engenders > no tort liability. It must be activated by the commission of an actual > tort. ''A civil conspiracy, however atrocious, does not per se give > rise to a cause of action unless a civil wrong has been committed > resulting in damage.'' 'A bare agreement among two or more persons to > harm a third person cannot injure the latter unless and until acts are > actually performed pursuant to the agreement. Therefore, it is the > acts done and not the conspiracy to do them which should be regarded > as the essence of the civil action.' [para.s] By its nature, tort > liability arising from conspiracy presupposes that the coconspirator > is legally capable of committing the tort, i.e., that he or she owes a > duty to plaintiff recognized by law and is potentially subject to > liability for breach of that duty.' (Allied Equipment Corp. v. Litton > Saudi Arabia Ltd., supra, 7 Cal.4th at 510-11.) > > > > > On May 23, 3:27 pm, Mark <[email protected]> wrote: > > Presence in the United states without permission is a civil > > infraction. For it to be a criminal offience, the offender has to have > > been deported. > > > > That is assuming he/she acted alone. > > > > > > > > > > > > On Sun, May 23, 2010 at 2:23 PM, euwe <[email protected]> wrote: > > > One of the most fundamental distinctions between civil and criminal > > > law is in the notion of punishment. > > > > > criminal law > > > In criminal law, a guilty defendant is punished by either (1) > > > incarceration in a jail or prison, (2) fine paid to the government, > > > or, in exceptional cases, (3) execution of the defendant: the death > > > penalty. Crimes are divided into two broad classes: felonies have a > > > maximum possible sentence of more than one year incarceration, > > > misdemeanors have a maximum possible sentence of less than one year > > > incarceration. > > > > > civil law > > > In contrast, a defendant in civil litigation is never incarcerated and > > > never executed. In general, a losing defendant in civil litigation > > > only reimburses the plaintiff for losses caused by the defendant's > > > behavior. > > > > > So-called punitive damages are never awarded in a civil case under > > > contract law. In a civil case under tort law, there is a possibility > > > of punitive damages, if the defendant's conduct is egregious and had > > > either (1) a malicious intent (i.e., desire to cause harm), (2) gross > > > negligence (i.e., conscious indifference), or (3) a willful disregard > > > for the rights of others. The use of punitive damages makes a public > > > example of the defendant and supposedly deters future wrongful conduct > > > by others. Punitive damages are particularly important in torts > > > involving dignitary harms (e.g., invasion of privacy) and civil > > > rights, where the actual monetary injury to plaintiff(s) may be > > > small. > > > > > One can purchase insurance that will pay damages and attorney's fees > > > for tort claims. Such insurance coverage is a standard part of > > > homeowner's insurance policies, automobile insurance, and insurance > > > for businesses. In contrast, it is not possible for a defendant to > > > purchase insurance to pay for his/her criminal acts. > > > > > While a court can order a defendant to pay damages, the plaintiff may > > > receive nothing if the defendant has no assets and no insurance, or if > > > the defendant is skillful in concealing assets. In this way, large > > > awards for plaintiffs in tort cases are often an illusion. > > > ------------------- > > > Presence in the United states without permission is a civil > > > infraction. For it to be a criminal offience, the offender has to have > > > been deported. > > > > > On May 23, 3:09 pm, euwe <[email protected]> wrote: > > > > Immigration law is civil law; law enforcement never enforces civil > > > > law, > > > > > > On May 23, 12:05 pm, Harry Beck <[email protected]> wrote: > > > > > > > I agree, therefore the name ILLEGAL aliens. > > > > > > > Harry Beck > > > > > Capt. US Army, Ret. > > > > > Montrose, New York > > > > > > > Wherever you go, no matter what the weather, bring your own > sunshine. > > > > > > > -----Original Message----- > > > > > From: plainolamerican <[email protected]> > > > > > To: PoliticalForum <[email protected]> > > > > > Sent: Sun, May 23, 2010 11:49 am > > > > > Subject: Re: Illegal aliens are not criminals > > > > > > > yeah, I heard this defense from an ACLU lawyer once > > > > > > > those who break the law are considered criminals > > > > > > > On May 21, 3:05 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/ > > > > > > * 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/ > > > > > * 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/ > > > > > * It's active and moderated. Register and vote in our polls. > > > > > * Read the latest breaking news, and more.- Hide quoted text - > > > > > > > - Show quoted text - > > > > > > -- > > > > 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/ > > > > * It's active and moderated. Register and vote in our polls. > > > > * Read the latest breaking news, and more.- Hide quoted text - > > > > > > - Show quoted text - > > > > > -- > > > 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/ > > > * It's active and moderated. Register and vote in our polls. > > > * Read the latest breaking news, and more. > > > > -- > > Mark M. Kahle H. > > > > -- > > 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/ > > * It's active and moderated. Register and vote in our polls. > > * Read the latest breaking news, and more.- Hide quoted text - > > > > - Show quoted text - > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at http://www.PoliticalForum.com/ > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. > -- Mark M. Kahle H. -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
