It has never been a crime for an immigrant to be in this country illegally. Arizona just made it a crime — a misdemeanor the first time, a felony for repeat offenders.
Even some erudite Americans remain confused about immigration, which leads to bad policy. In today's Gazette, and in newspapers throughout the country, columnist George Will explains the new Arizona law like this: "Arizona's law makes what is already a federal offense — being in the country illegally — a state offense. Some critics seem not to understand Arizona's right to assert concurrent jurisdiction."
Critics don't understand because Arizona will adjudicate a new law that's nothing similar to federal law. Robert J. Barron, a leading immigration attorney in Colorado Springs, confirmed that it's not a crime to be in the United States illegally. It's a common misconception that feeds immigration hysteria. Federal law says it's a civil infraction — just as it's a civil violation, and therefore "illegal," to send e-mail spam without an "unsubscribe" option. The difference between a civil and criminal offense is colossal.
It's understandable why some want to make criminals of immigrants in violation of a mere civil statute. In Arizona and a few other states, a relative few are causing significant problems. That's because we have created mayhem at the border by refusing to reform federal immigration laws and adjust quotas to serve the country's realistic needs.
If criminal immigrants are terrorizing Arizona, it's because immigration has become a kind of underground railroad.
It thrives because our nation's economy begs immigrants to fill jobs, at wages exceeding minimum wage, even as unemployed Americans subsist on state assistance or unemployment insurance and show themselves unwilling to clean motel rooms or work landscape labor. When the market demands forbidden fruit — as seen with guns, liquor, marijuana and Cuban cigars — an underground solution will fill the void.
The United States needs immigration reform that allows generous numbers of law-abiding citizens of Mexico and other countries south of the border to come and go from the United States lawfully — committing neither civil nor criminal infraction — in order to produce for our economy in compliance with wage and labor laws. It needs a secure border, with enforcement of laws that make sense.
The United States cannot prosper and thrive without substantial numbers of immigrants. American citizens have not reproduced in quantities to provide a labor force adequate to fund pensions, provide health care, buy existing homes, fund Social Security, and produce ample wealth in the form of goods and services.
Most developed and developing countries, including China, are learning that dwindling fertility rates of the past 30 years mean economic peril or more immigration.
Only warm bodies create wealth and prosperity. There is no other source. Therefore, it would benefit us to pass laws that favor reasonable and lawful importation of law-abiding immigrants. Establishing a new class of criminals produces nothing but another burden for the state.
REPRINTED FROM THE COLORADO SPRINGS GAZETTE
DISTRIBUTED BY CREATORS.COM
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5 Comments | Post Comment
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Why is it a crime to be in any other country illegally? Can you imagine demanding no borders for Mexico, Canada, Germany?
Unreal... this is all we heard during the phony health care debate, that all other countries have, it well NO other countries have open borders.. even the fullly communist ones.
Comment: #1
Posted by: Anon
Mon May 3, 2010 4:50 PM
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I have no idea who wrote this but I do know this person is not only "distortionist" but an out-right liar! Yes, you read that right, a liar. You have completely distorted SB1070 (which they you probably didn't know the bill number) and I can tell RIGHT now this person did NOT read the bill nor do the know federal law...both of which I have read and know. This is repugnant and arrogance at it's best.
We have immigrants her, sir/madam and we have had them forever; however, it's the influx of ILLEGAL immigrants (and yes, that is what they are as there is a federal law regarding immigrating to the United States). It costs millions-to-billions of dollars throughout the state of AZ to deal with illegals from healthcare to law enforcment, their sending their kids ilegally over the borders EVERY day in San Luis, Douglas, Nogales to infiltrate our schools for a "free education" on the citizens' dime.
They have cost millions of dollars to private citizens in direct costs when they destroy property, hurt, maim and even kill citizens of AZ either through murder, car accidents, etc of which I have personally had the misfortune of having to live through as well as many thers.
They come over the border bringing with them the mentality of law-breaking as well as looking for work (choke) and have killed law enforcment officers, people who happen to be in their way, and still Phoenix is #2 in the WORLD for kidnappings (with Bogata Colombia being #1)! YOu think THAT is fair and good for the economy? REALLY?
The person writing this seems to not live in AZ or even have a clue as to which sky the sun rises or sets in. Before you spew your stupid verbage, you should have a "dog in this fight", but until then keep your mouth shut; read the bill and federal law; get some truth in your words and heart and then maybe we'll listen to you here in the besieged.
I for one am sick and tired of people like you....and 70% of American citizens are with us here in AZ....BTW *ahem*
Comment: #2
Posted by: Kathi
Sat May 15, 2010 8:36 PM
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Kathi -
1.. YOU DO NOT NEED TO LIVE IN AZ TO UNDERSTAND THE LAW - EDUCATION AND RESEARCH DOES NOT REFLECT WHERE YOU LIVE!
2.. THERE ARE MANY MORE AMERICAN CRIMINALS IN THE US THAN IMMIGRANT ONES - SIMPLE RESEARCH WOULD HAVE TOLD YOU THAT! I SUGGEST MAYBE RESEARCHING SUBJECTS BEFORE MAKING RIDICULOUS COMMENTS!
3.. YOUR SICK OF PPL LIKE WHAT? PEOPLE THAT DONT SAY "GET THE ALIENS OUT" AND SEE ALL ASPECTS OF THE SITUATION? PEOPLE THAT TRY TO SEE THE BIGGER PICTURE? TO ME IT SEEMS YOUR TO BUSY BEING DEFENSIVE TO ACTUALLY LISTEN! WHO GOES ON A PUBLIC FORUM AND COMPLETELY DISRESPECTS SOMEONE THE WAY YOU DID? IF YOU WERE AN EDUCATED ADVISED INDIVIDUAL, YOU COULD GET YOUR POINT ACROSS OR OPPOSE HIS STANCE RESPECTFULLY AND WITH KINDNESS. THAT IS OBVIOUSLY NOT THE CASE!
I AM A LAWYER... DUE TO MY PROFESSION I WILL NOT ADDRESS THE LEGALITIES OF THE BILL, HOWEVER, I WILL SAY: SIMPLY BEING IN THE US ILLEGALLY IS NOT A CRIME. THE HARDEST PART OF SB1070 IS THE VAGUENESS. IT WILL BE DEFINED AND DETAILED IN FURTHER VERSIONS OF THE BILL.
AS FAR AS YOUR OVER ESTIMATED 70% OF AMERICANS AGREE WITH YOUR OPINION ON THE MATTER, AGAIN DO SOME RESEARCH; YOU SHOULD REALLY BE FULLY AWARE OF ALL ASPECTS OF THE BILL AND.OR LAW BEFORE MAKING SUCH COMMENTS.
Comment: #3
Posted by: Stephanie
Wed Jul 28, 2010 9:46 PM
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Illegal Immigration is a Crime
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.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
See: Unlawful entry a crime since '29 - Rocky Mountain News -- June 11, 2006
Comment: #4
Posted by: hallie
Tue Oct 26, 2010 6:12 PM
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I can't wait until I can get a Mexican lawyer that has a better understanding of law ... in the Home Depot parking lot. I guess the only crime here is that any paper allows an out of touch, inexperienced lawyer like you to espouse your opinion. When is the last time you had to compete with illegal aliens for anything in life. Go mow your own lawn, pay 5% more for your vegetables, or accept that we will all be living in the third world here in less than a generation. I believe we have too many lawyers and not enough people who make the real things we use in this country (food, manufacturing, fuel). The answer to this shortage is to pay real people less (by illegal immigration) and lawyers more. We've had a generation of the third-worldization and I'm looking around the cities in my area... we've gone downhill. Your profession has played a vital role in this.
Comment: #5
Posted by: zed
Thu Dec 2, 2010 9:52 AM
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