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Immigration Law

Asked Aug 27, 2007, 07:39 AM — 56 Answers
I had a conversation this weekend with Shai Goldstein, the Executive Director of the New Jersey Immigration Policy Network (NJIPN), a liberal immigration-policy organization in New Jersey, regarding illegal immigration. Shai and I are friends despite the fact that he's a lib and I'm, well... I'm not. I love him like a brother, and his family and mine are really close (as in 3 houses apart from each other). Our kids play together and Shai and I, and my wife and his, are really great friends. DESPITE the fact that I think he's wrong on a lot of issues.

Shai made a comment this weekend that I couldn't refute because I didn't have the details in front of me. He stated that illegal immigration is not, in and of itself, a crime. He stated that current immigration law makes illegal immigration a CIVIL violation, not a criminal one. My understanding is that the Immigration and Naturalization Act of 1965 made illegal immigration a criminal offense, but he said that it does not. That, he claims, is the reson that illegal immigrants are "detained" rather than "incarcerated". Detention is a civil action, while incarceration is a criminal law action. Again, I disagree with that statement, but I don't have the facts to back it up.

Anyone have any opinions on his statement? Does the INA of 1965 make illegal immigration a civil or a criminal offense? Or is there some other legislation that makes illegal immigration a criminal offense.

Elliot

56 Answers
CaptainRich's Avatar
CaptainRich Posts: 6,078, Reputation: 2749
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#41

Aug 28, 2007, 07:45 PM
Quote:
Originally Posted by excon
I maintain that IF the door was open to legal immigration (like all you people keep saying it is), then there would be NO NEON sign. The jobs WOULD be filled by LEGALS.
The door is available. Your forth paragraph speaks directly to that availability.

Would you have a problem with turning the NEON lights onto welfare recipeints? Screen them instead continuing to allow the trickling in of illeagals. Put them into a WORK-FARE program instead generations on the dole... Fill that urgent need for workers?

Quote:
Clearly, anybody who DID wait all those years and PAID all that money isn't going to be happy about people who didn't. I'm not happy about people who didn't! But, I certainly understand why they come. And, I certainly know who to blame.

excon
I know I'd be POed! But I believe we've many of us, somewhere along the way, have been the victim of policy change, right before our eyes. Kickin' and screamin' won't change the day.

And, yeah, that's too bad. I hate playing by the rules and seeing people take advantage of the system - DAILY. But I'm the fool. I'll get it by myself or I just won't have it.
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excon's Avatar
excon Posts: 21,003, Reputation: 15480
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#42

Aug 28, 2007, 07:56 PM
Quote:
Originally Posted by CaptainRich
I hate playing by the rules and seeing people take advantage of the system - DAILY. But I'm the fool. I'll get it by myself or I just won't have it.
Hello again, Captain:

I don't disagree.

But, when the gubment opens the cash window to farmers, for example, I don't get pissed off at the farmers who line up. Hell, if I was a farmer, I'd line up too. But, I can't and you can't either.

So, I get pissed off at the gubment. It's NOT the farmers who are the bad guys, and it's not the illegal’s either.

excon

PS> I have no problem putting welfare recipients to work. What? You think I'm one of THEM like jillian does?
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CaptainRich's Avatar
CaptainRich Posts: 6,078, Reputation: 2749
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#43

Aug 28, 2007, 08:10 PM
Quote:
Originally Posted by jillianleab
Some people think we should make Mexico a state.
Maybe a territory rather than an outright state. Pueto Rico and Guam are territories. If we purveyed the same duties and rights to "them" that PR and Guam have, all forms of economy and goodness could flow freely from North Dakota to Chiapas. Oh, my! We could hire "them" to clean it up along the way.


Quote:
My opinion is, we should work on policies which allow for legal immigration in reasonable time frames and for reasonable prices so the people who want to come here can get here and receive fair wages, pay taxes, be contributing members of our society, even vote someday. The nagging second question is what to do with the illegals who are here presently, which is where tensions usually arise. The blame lies with the gubment, you're certainly right about that. And not just the US gubment, but the Mexican gubment, the Guatemalan gubment, the Venezuelan gubment...
We already have enoough immigration policies and laws that aren't being abided by. I really don't see how if we passed dozens more it would make a difference. If one wishes to come here illegally, what compells one to begin behaving after?
If "they" had to be absorbed into the system and play above board, perhaps being here wouldn't look so rosy.
Like so many others, I'm growing bored wondering if there is a way to fix this issue...
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CaptainRich's Avatar
CaptainRich Posts: 6,078, Reputation: 2749
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#44

Aug 28, 2007, 08:16 PM
Quote:
Originally Posted by excon
opens the cash window to farmers
Uh-huh. Like paying farmers to not grow wheat or peas this year. That's just plain dumb. I don't support that either.

That's another thread from immig.
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inthebox's Avatar
inthebox Posts: 788, Reputation: 954
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#45

Aug 28, 2007, 09:10 PM
Quote:
Originally Posted by excon
Hello again, spring girl:

I don't know. That's an awfully specific number. Because it's so specific, I tend to doubt its authenticity. Citizens are hard enough to get an accurate count on. I can't imagine we would know exactly how many illegal's are here.

Since one of the numbers you use is suspect, the other is similarly questionable. Unless, of course, you can site a reliable source.

excon

Illegal Immigration Counters - Home Page


The Mexico/USA Border; The Gathering Storm
"Specifically in regard to drugs, according to counter-drug officials, an estimated 75% of all cocaine and 40% of all heroin that reaches the streets of America was smuggled through Mexico. DEA agents say that Mexican drug lords have become as powerful or more powerful than those leading the Colombian cartels. "



In my neck of the woods [ SE ] the meth coming from Mexico is reputedly stronger and cheaper - a better value - so much so that the homegrown labs are being outcompeted.


I agree that the amount of "illegals" would be less if we had more legal immigration, but come on, why should taxpaying citizens have to foot the bill and the consequences of crime that results from illegal immigration?



Grace and Peace
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jillianleab's Avatar
jillianleab Posts: 1,201, Reputation: 1438
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#46

Aug 28, 2007, 09:12 PM
Quote:
BABRAM agrees: From experience, not opinionated guessing, I can tell you that the U.S. Legal immigration system is so backed up that "time frames" would make it worse. Alien petition for the married takes over one year now. Petitions for siblings over 18 forget it
Add more man power to the processing of legal requests, and waits get shortened. That's what I meant by time frames.

Quote:
Originally Posted by excon
What? You think I'm one of THEM like jillian does?
You mean a pot-smoking liberal with no health insurance?

Quote:
Originally Posted by CaptainRich
Maybe a territory rather than an outright state. Pueto Rico and Guam are territories. If we purveyed the same duties and rights to "them" that PR and Guam have, all forms of economy and goodness could flow freely from North Dakota to Chiapas. Oh, my! We could hire "them" to clean it up along the way.
I'm not under the impression Mexico WANTS to become a state or territory. Not to mention there are oodles of immigrants from other countries south of the border, surely we shouldn't make them all territories.

Quote:
We already have enoough immigration policies and laws that aren't being abided by. I really don't see how if we passed dozens more it would make a difference. If one wishes to come here illegally, what compells one to begin behaving after?
If "they" had to be absorbed into the system and play above board, perhaps being here wouldn't look so rosy.
Like so many others, I'm growing bored wondering if there is a way to fix this issue...
You're right, there are a bunch of immigration policies not being abided by, but that doesn't mean we can ignore it and hope it fixes itself. I think redesigning the system and finding people willing to enforce the policies is the trick. Perhaps that's looking at things like an optimist, but hey, anything is possible. I think taking away some of the "benefits" of being here illegally would serve as a deterrent to some, and encourage legal immigration. I've mentioned this before, but my county is currently pursuing policies which will make public services prohibited to illegal immigrants. They proposed forbidding schools and EMS, but that's not allowed by the constitution, so instead they are working on other public services like the health clinic. Not sure how far it's going to get and it's being met with a lot of opposition (and a lot of support), but if it passes, it's likely to drive people out of the community. The Latino community is currently on a business strike, actually.

And I just want to say it makes me giggle to see other people use "gubment"! I can't take credit though, my high school Gubment teacher invented it.
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BABRAM's Avatar
BABRAM Posts: 564, Reputation: 728
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#47

Aug 28, 2007, 09:36 PM
Quote:
Originally Posted by jillianleab
Add more man power to the processing of legal requests, and waits get shortened. That's what I meant by time frames.


Jill-

It's the ridiculous jumping through hoops of paperwork that later passes onto several desks that will burn you out waiting. If the forms were shortened and the govt staff worried less about the next coffee break, we might just see some productivity. But instead they did expand it with more employees and added more paperwork. It's called, "Homeland Security." Now the one thing they will do is rush to answer any fee questions or tax concerns.



Bobby
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CaptainRich's Avatar
CaptainRich Posts: 6,078, Reputation: 2749
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#48

Aug 29, 2007, 06:03 AM
Quote:
Originally Posted by jillianleab
Add more man power to the processing of legal requests, and waits get shortened. That's what I meant by time frames.
Streamlining our red tape to accommodate more? I'd still rather do more about stemming the flow first. And then perhaps addressing other aspects of the issue.
Quote:
You mean a pot-smoking liberal with no health insurance?
I'd endorse decriminalization of pot, and just call him a liberal.
Quote:
I'm not under the impression Mexico WANTS to become a state or territory. Not to mention there are oodles of immigrants from other countries south of the border, surely we shouldn't make them all territories.
I doubt they WANT to become anything they're not already. We can site stats about the number of ill-imm's here...but how many of them WANT to stay there. And what is their own gub doing to insure it's citizens remain?
Quote:
You're right, there are a bunch of immigration policies not being abided by, but that doesn't mean we can ignore it and hope it fixes itself. I think redesigning the system and finding people willing to enforce the policies is the trick. Perhaps that's looking at things like an optimist, but hey, anything is possible. I think taking away some of the "benefits" of being here illegally would serve as a deterrent to some, and encourage legal immigration. I've mentioned this before, but my county is currently pursuing policies which will make public services prohibited to illegal immigrants. They proposed forbidding schools and EMS, but that's not allowed by the constitution, so instead they are working on other public services like the health clinic. Not sure how far it's going to get and it's being met with a lot of opposition (and a lot of support), but if it passes, it's likely to drive people out of the community. The Latino community is currently on a business strike, actually.
We're not a nation that would deny emergency services to anyone in need. As far as other services the ill-imm's are relying upon, those services weren't put in place and supported for their use to begin with. Again, it comes down to screening before they arrive at the clinic doors.

Finding the funding to find the people to work the dangerous task of guarding our borders is more of a problem. We have Customs, INS, US Coast Guard, state and local police, ICE, vigilantes, cameras and sensors... Everyone and everything is working 24/7. And yet there still isn't enough funding, and apparently insufficient public support. That has to change first.
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CaptainRich's Avatar
CaptainRich Posts: 6,078, Reputation: 2749
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#49

Aug 29, 2007, 06:15 AM
Quote:
Originally Posted by BABRAM
Jill-

It's the ridiculous jumping through hoops of paperwork that later passes onto several desks that will burn you out waiting. If the forms were shortened and the govt staff worried less about the next coffee break, we might just see some productivity. But instead they did expand it with more employees and added more paperwork. It's called, "Homeland Security." Now the one thing they do is rush to answer any fee questions or tax concerns.



Bobby
Remember years ago Ross Perot suggested the US gub be run like a business rather than not? Make each department accountable for their own productivity, justify their own budget by proving their worth. It's much easier to drag your feet and say, "No," rather than be responsible for finding a way to say, "Yes."
With the volumes of policy and regulations, I'd be willing to bet you couldn't stick a legislator behind a desk at DMV or the patent office and have them remain productive with their own laws, one seeming to contradict the next!
Most people scoffed at Perot's suggestion. I actually thought that was a refreshing view!
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BABRAM's Avatar
BABRAM Posts: 564, Reputation: 728
Senior Member
 
#50

Aug 29, 2007, 08:56 AM
Quote:
Originally Posted by CaptainRich
Remember years ago Ross Perot suggested the US gub be run like a business rather than not? Make each department accountable for their own productivity, justify their own budget by proving their worth. It's much easier to drag your feet and say, "No," rather than be responsible for finding a way to say, "Yes."
With the volumes of policy and regulations, I'd be willing to bet you couldn't stick a legislator behind a desk at DMV or the patent office and have them remain productive with their own laws, one seeming to contradict the next!
Most people scoffed at Perot's suggestion. I actually thought that was a refreshing view!

Yes. I was also disappointed when Perot backed out of the election. Perot had the financial resources, as an Independent, to legitimately challenge for the office. I'll take it one step further than Perot: the US govt is a business. In fact so much so that they also want in be in everybody else's business and are being paid to do a job.




Bobby
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