Is it really "illegal?"

[BuddyColt]

Justice provides training on the topic to U.S. Attorneys.

US Attorneys > USAM > Title 9 > Criminal Resource Manual 1911
prev | next | Criminal Resource Manual

1911

8 U.S.C. § 1325—Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud
Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.

Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

[cited in USAM 9-73.200]

-- Criminal Resource Manual 1911 8 U.S.C. 1325 -- Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud

Apparently Justice has not yet figured out that they are mis-advising the U.S. Attorneys on this topic.

And before resident douche bag ignorant scum-sucker DuddleyDolt jumps on the "amendment" reference in that paragraph, he should contemplate (for once in his life, honestly contemplate) what the STATUTE SAYS:

USC › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1325

prev
next

8 USC § 1325 - Improper entry by alien

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) 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, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

-- 8 USC § 1325 - Improper entry by alien | LII / Legal Information Institute

For all the bullshit you put on this board trying to use name calling to fuck with me, your dumb ass cannot read NOR reason.

A "Criminal Resource Manual" is NOT authoritative law. The FACT that the wording is different from the United States Code ought to tell your dumb ass that.

Maybe you missed this important part of this manual with its misquote of the law:

Section 1325 sets forth criminal offenses relating to

See that dumb ass, I can pull appropriate words out of the sentences as well. Section 1325 sets forth criminal offenses relating to improper entry. It does not say that section provides a criminal penalty FOR improper entry. We've been over this 200 times already. Open your eyes.

Let's see this dumb ass has tried:

Overturned cases
Cases not relating to improper entry
Misquotes of the statute outside the law
Advertisements from attorneys AND
this dumb mother fucker has even penciled in the word criminal to a statute that clearly does not say criminal in the United States Code.

You fail. You're out. You are the liar.

 

[Unkotare]

BloodyDolt, are you an attorney?

 

[Liability]

Justice provides training on the topic to U.S. Attorneys.

US Attorneys > USAM > Title 9 > Criminal Resource Manual 1911
prev | next | Criminal Resource Manual

1911

8 U.S.C. § 1325—Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud
Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.

Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

[cited in USAM 9-73.200]

-- Criminal Resource Manual 1911 8 U.S.C. 1325 -- Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud

Apparently Justice has not yet figured out that they are mis-advising the U.S. Attorneys on this topic.

And before resident douche bag ignorant scum-sucker DuddleyDolt jumps on the "amendment" reference in that paragraph, he should contemplate (for once in his life, honestly contemplate) what the STATUTE SAYS:

USC › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1325

prev
next

8 USC § 1325 - Improper entry by alien

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) 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, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

-- 8 USC § 1325 - Improper entry by alien | LII / Legal Information Institute

For all the bullshit you put on this board trying to use name calling to fuck with me, your dumb ass cannot read NOR reason.

A "Criminal Resource Manual" is NOT authoritative law. The FACT that the wording is different from the United States Code ought to tell your dumb ass that.

Maybe you missed this important part of this manual with its misquote of the law:

Section 1325 sets forth criminal offenses relating to

See that dumb ass, I can pull appropriate words out of the sentences as well. Section 1325 sets forth criminal offenses relating to improper entry. It does not say that section provides a criminal penalty FOR improper entry. We've been over this 200 times already. Open your eyes.

Let's see this dumb ass has tried:

Overturned cases
Cases not relating to improper entry
Misquotes of the statute outside the law
Advertisements from attorneys AND
this dumb mother fucker has even penciled in the word criminal to a statute that clearly does not say criminal in the United States Code.

You fail. You're out. You are the liar.

You are an insufferable twit.

The resource manual is part of the materials made available by the very government who made the law to those in the executive branch who enforce the law, you dishonest scumbag.

And the fact that you made a complete assclown out of yourself by trying to parse the phrase "relating to" in your ignorant and erroneous manner only serves to underscore what a fucking useless used tampon you are.

Now, to further embarrass yourself, point to ANY "overturned cases" I have relied upon. You can't do it, and we all know it. That's the price you pay for being nothing more than a lying twat.

Lying -- as you always do -- has also led you to falsely contend that I have discussed cases about improper entry that don't deal with improper entry. Lying makes you look worse each time. That's not easy to do. But the only cases I cited concerning improper entry were ABOUT improper entry, you lying fuckwit scumbag. Fact.

I have not misquoted any statute, you lying menstrual pad. I have copied and pasted THE LAW. Law. That is the material you are too stupid and dishonest to even comprehend or discuss intelligently.

I have not cited any attorney advertisements at all, fuckwit.

And I have correctly NOTED that the words IN the statute provide for a criminal penalty thus making it a criminal statute, you clueless lying punk ass bitch. That's not penciling in anything.

That you find it necessary to lie about EVERY one of your "points" reveals what a lowlife pussy you are.

Your fail is pretty much complete.

But hurry back.

You dickless piece of rat shit.

 

[Liability]

BloodyDolt, are you an attorney?

He is a spineless, ball-less pussy scumbag who will not answer.

And let's get serious. Even if he DID answer, he'd likely lie about that, too, just as he lies in almost every post.

 

[BuddyColt]

BloodyDolt, are you an attorney?

He is a spineless, ball-less pussy scumbag who will not answer.

And let's get serious. Even if he DID answer, he'd likely lie about that, too, just as he lies in almost every post.

Most posters don't buy your crap. You flat out lied about everything. What are going to do when people look into it and see that the official version of the USC never mentions a criminal penalty for improper entry NOR does the USC (official legal version) have any crime called unlawful entry.

You talk big for a POS that hides behind a computer making his stand from the comfort of his keyboard.

BTW, I don't answer to Uncle Liar and don't owe that dick licker the time of day. He has a sufficient number of links to find out who I am and what I am if he studies the subject. Like he said, he don't care what I think; you guys refuse to read my posts and criticizing me without a knowledge of the subject shows who the real idiots among us really are.

If I'm so spineless, how come you aren't offering a face to face via a PM? Yap, Yap, Yap. You sound like a barking chihuahua. The problem is, anybody with an IQ above 50 isn't buying it.

 

[BuddyColt]

Regarding LIE Ability:

Section 1325 sets forth criminal offenses relating to

See that dumb ass, I can pull appropriate words out of the sentences as well. Section 1325 sets forth criminal offenses relating to improper entry. It does not say that section provides a criminal penalty FOR improper entry. We've been over this 200 times already. Open your eyes.

Let's see this dumb ass has tried:

Overturned cases
Cases not relating to improper entry
Misquotes of the statute outside the law
Advertisements from attorneys AND
this dumb mother fucker has even penciled in the word criminal to a statute that clearly does not say criminal in the United States Code.

You fail. You're out. You are the liar.

NOTHING that LIE ABILITY has said about me is true. He is a pathological liar that needs to be rebuked in person. Reading LIE ABILITY'S lies will lower your IQ. One can only give him credit for repeating the same stuff over and over because he thinks you're too stupid to look into this and make up your own mind.

I'm done with him. Calling him an idiot would not begin to cover it.

 

[Unkotare]

If I'm so spineless, how come you aren't offering a face to face via a PM?

There he goes with the PMS again...


The untough guy strikes again!

 

[Liability]

Regarding LIE Ability:

Section 1325 sets forth criminal offenses relating to

See that dumb ass, I can pull appropriate words out of the sentences as well. Section 1325 sets forth criminal offenses relating to improper entry. It does not say that section provides a criminal penalty FOR improper entry. We've been over this 200 times already. Open your eyes.

Let's see this dumb ass has tried:

Overturned cases
Cases not relating to improper entry
Misquotes of the statute outside the law
Advertisements from attorneys AND
this dumb mother fucker has even penciled in the word criminal to a statute that clearly does not say criminal in the United States Code.

You fail. You're out. You are the liar.

NOTHING that LIE ABILITY has said about me is true. He is a pathological liar that needs to be rebuked in person. Reading LIE ABILITY'S lies will lower your IQ. One can only give him credit for repeating the same stuff over and over because he thinks you're too stupid to look into this and make up your own mind.

I'm done with him. Calling him an idiot would not begin to cover it.

DuddlyDolt still has not the first clue about what the phrase "relating to" actually means.



Duddly, you stupid bitch:

It would have been easier and more manly of you to just admit that your ignorance had misled you. Accept the education you have received. Admit you were wrong. Move on.

But you are such a quiff, you stick with it now despite the proof of how wrong you are being shoved under your dopey nose. This thread is dedicated to rubbing your nose in your own shit, you fucking quiffy motherfucker.

You are a pussy, but you also have zero integrity.

 

[Unkotare]

He is a pathological liar that needs to be rebuked in person.

And you're going to talk about doing that but nothing more, right untough guy?

 

[Unkotare]

DuddlyDolt still has not the first clue about what the phrase "relating to" actually means.

Well, it does include more than three letters, so...

 

[Liability]

DuddlyDolt still has not the first clue about what the phrase "relating to" actually means.

Well, it does include more than three letters, so...

so ... DuddlyDolt's completely lost.

Check.

 

[Catalist]

Immigration Attorney Orange County| Boxer Mc Laughlin


Buttercup, make sure you collect lots of dry wood for yer cave dwelling, mkay?

Your quote is "an alien convicted of the crime of illegal immigration faces deportation..."

You have not cited a single authoritative source. Let me give you a RULING. This RULING is from the highest ranking immigration official in the United States:

" (2) Aliens in removal proceedings have no right to counsel, including Government-appointed
counsel, under the Sixth Amendment of the Constitution because the Sixth Amendment
applies only to criminal proceedings and removal proceedings are civil in nature."

http://www.justice.gov/eoir/vll/intdec/vol24/3632.pdf

A foreigner sits before the highest ranking immigration official in the United States. The statute in question is Title 8 USC 1325. That official denies to the foreigner a taxpayer funded attorney on the basis that Title 8 USC 1325 is NOT a crime and deportation is a CIVIL matter.

You cannot change the ruling with an advertisement or penciling in the word crime where it is absolutely NOT in the statute.

Secondly, the legal community bandies the word "illegal" around and Michael Mukasey gave the American Bar Association the equivalent of a lecture on their application of the law relative to that point:

"Not every wrong, or even every violation of the law, is a crime."

The liberal ABA has this habit of calling everything a crime if they can find any nuance in legal parlance that addresses it. Again, here is proof that the legal community will say the word "illegal" and then explain to you that we are not talking about a crime. Save yourself about 5000 keystrokes and listen to what the HEAD OF THE DEPARTMENT OF HOMELAND (IN) SECURITY SAYS:

[ame=http://www.youtube.com/watch?v=bTqim4Se70k]Napolitano: Illegally Crossing Mexican Border's Not A Crime. All Terrorists Crossed Canadian Border - YouTube[/ame]

Listen to the words: CROSSING THE BORDER IS NOT A CRIME

What part of that sentence do you not understand? It's not my fault that the legal community bandies a word about and then it doesn't apply.

Next point: You have this cheering section on this board that has raised holy hell trying to prove that entering the United States is a crime. They have to insert the word crime in a statute that specifically reads IMPROPER. The word is improper; it is not unlawful nor illegal. It is a civil offense of improper entry. Improper is NOT synonymous with the words unlawful and / or illegal... not in law and not in simple English.

Next point: If Title 8 USC 1325 were about a criminal section of the law, it would NOT reference Title 18 (EIGHTEEN) of the United States Code, but simply state that an action is unlawful or illegal. It don't; Title 8 USC does not impose a criminal penalty. It is a civil section of the law that specifically draws upon Title 18 for the criminal penalties. Anybody and everybody can use the word illegal all they want. They are incorrect. EVEN ADVOCATES ON YOUR OWN SIDE SAY SO:

For all the bitching and whining, moaning, groaning and complaining that the National Socialists do on this thread, they absolutely cannot reconcile the facts with their deliberate misinterpretation of the law. Anti - immigrant activist lawyer and U.S. Rep. James Sensenbrenner proposed to change Title 8 USC 1325 to strike the word IMPROPER and change it to read unlawful entry For all that the National Socialists do on this thread, they have not, cannot and will not admit that if improper entry were a crime, there would have been no need to change the wording of the law (see Section 203 of the House bill HR 4437) HR 4437 FAILED and the facts remain and no matter how many posts you put on this board to the contrary you cannot change the truth.

IMPROPER ENTRY IS NOT A CRIME. THE HIGHEST RANKING IMMIGRATION OFFICIALS IN THE UNITED STATES HAVE RULED SO AND YOU HAVE THE CITE IN THIS POST.

First, it would be easier to understand what you have to say if you would get your righty verbage out of you posts. Clarity is the true skill of posting. I don't care about your views on other issues outside this thread at this time.

So, I think I deciphered your message here, but there is something you miss. While every Mexican in a cantina is telling their friends, "You can go to the USA, just remember to tell them about the 14th Amendment." Think about it, if the 14th was the loophole for illegals, why didn't we plug it up long ago?

If you live in the border States you are going to listen to the talk of a Border Patrol officer down at your lodge over anything Eric Holder says on the record. Neither political party knows what is going on down here, and they just keep vomiting their same old party lines.

Truth is it is a far more serious crime to falsify citizenship papers than it is enter the country illegally. It is a nice clean deport too.

What is going on in our immigration prisons and hearings is probably not what you might think. Here comes the biggy! Barack Obama with all his rhetoric against immigration bills in Arizona, Mississippi, and Alabama has deported many, many more than George W. Bush!

While promising amnesty to illegals in his political speeches he added 1200 border personnel in 2010, increased the border budget by $600,000,000, and changed the priority from deportation to deportation of convicted felons. The Obama policy is the same as that of George W. Bush only more so. Look immigration is a bipartisan effort, that allows Mexicans to think they can play one party against another.

You can Google all you want, but you will only find fragments of this story. It is a'dog and pony' show for a reason. Some say the thrust of the United States border effort is actually on the south border of Mexico where we aide the Federales in deporting to Central and South Americans from Mexico. We do not get all bogged down with human rights talk this way. The dirty work is done in Mexico.

It has been reported that since President Fillip Calderon became president of Mexico 50,000 people have been killed by the Mexican drug cartels, mostly by American bought guns. Believe what you will, but I am fairly convinced that the situation on America's southern border is the way the United States wants it, and the stories in the American media are set ups.

As I understand it America has been telling Mexico what to do since the Mexican American War in the 1840s. Think about it, you have to take off your shoes to get on a plane at an airport for security because of terrorists, yet as many as 3,000 illegals a day may be crossing our southern border. Does this make sense to you or Homeland Security? I believe there is some kind of "fix" going on here. Most believe that if the United States wanted to end illegal immigration from Mexico, we would just start leveling heavy fines against those who employ them. In some countries employers or those who aide illegals get serious prison time, why not in the United States?

 

[MaryL]

Buddy, you are deluding yourself. Your initial question: are they ILLEGAL? : Yeah. Yes they are. It is that simple. But maybe it's more than THAT, maybe the sheer numbers of them that is the issue. Not only are they illegal, there are millions of them so bold as to ignore immigration laws. That is really the problem, I think. Numbers. THEY are abusing the system and are making a mockery of the very laws YOU defend. Now, why all this drama? Obviously, you have a axe to grind here. Yes? Buddy, if an illegal alien shoots you in the back, they aren't going to care what law they are breaking. I have seen that harm they do and only someone that NEVER experienced that would support illegal immigration. So, I know you are clueless as heck. It may be just a game to you, but many of US that have been hurt by these people don't find your act amusing. That may be why you have all those bad rep stars, aren't YOU listening! Illegals ruin neighborhoods they upset the current demographic and they are racist xenophobes. They sell drugs, murder, and they love to hate people like YOU, because you are a patsy for their cause. Oh, they will never acclimate. They hurt people. They do physical harm. We don't need them here. But other than THAT they are great. These folks don't have any compunction violating ANY laws, let alone immigration. Don't kid yourself minimizing this by calling it a civil infraction or whatever. Most respectful people that immigrate legally don't require this level of obfuscation and artifice that you seem to love with illegals. So why are you doing THIS?

 

[Unkotare]

Most illegal aliens are not monsters hell-bent on destroying our country. Most of them are normal folks trying to get along as best they can. However, they are ILLEGAL, and therefore should not be here. Pretty simple.

 

[Liability]

Most illegal aliens are not monsters hell-bent on destroying our country. Most of them are normal folks trying to get along as best they can. However, they are ILLEGAL, and therefore should not be here. Pretty simple.

True dat.

On the other hand, there are ways available to them to get here and stay here LEGALLY.

I know it's a wild concept, but perhaps that's the route they should "choose."

 

[Catalist]

Most illegal aliens are not monsters hell-bent on destroying our country. Most of them are normal folks trying to get along as best they can. However, they are ILLEGAL, and therefore should not be here. Pretty simple.

They are freeloaders who absorb $113,000,000,000 in taxpayer dollars for health care, education and welfare. Illegal Immigration – The $113 Billion Dollar Drain on the American Taxpayer | Illegal Immigration Statistics They have not passed a physical or mental examination, nor a criminal background check, nor have they learned English. All of this is required of legal immigrants. Deportation is the only reasonable answer.

I don't know what you mean by "Most illegal aliens are not monsters hell-bent on destroying our country....." But this graphic is from La Raza the largest registered lobby of Mexicans for immigration to the United States. They want to make the U. S. border States a province of Mexico known as Aztlan part by force. The United States paid Mexico $18,000,000 after the Mexican American War and forgave Mexico its debts in the 1840s for our southern border as it now stands. Correct me if I am wrong, but doesn't this graphic look just a little bit treasonous to you?

We already have 12,000,000 foreign invaders on our soil.
I would call that a matter for concern wouldn't you?​

 

[Unkotare]

You seem to be looking for an argument that you won't get from me. I think I was pretty clear when I said that illegal aliens should not be here.

 

[Unkotare]

I also said that most of them are not monsters hell-bent on destroying our country. I said that because it is true.

Also, despite the stereotype many go to great lengths to try and learn or improve their English while they are here.

 

[Liability]

I also said that most of them are not monsters hell-bent on destroying our country. I said that because it is true.

Also, despite the stereotype many go to great lengths to try and learn or improve their English while they are here.

I agree. The ones who enter illegally are (by and large) probably doing so for OTHERWISE commendable reasons. BUT, even so, they ARE engaging in a criminal act as their first order of business here. Plus, they are jumping the line over others who are trying to comply with our immigration laws.

While here, MOST of them are pretty decent folks. I have met many and like them for the most part, quite a bit.

None of that changes the fact that illegal entry is illegal.

 

[Unkotare]

I also said that most of them are not monsters hell-bent on destroying our country. I said that because it is true.

Also, despite the stereotype many go to great lengths to try and learn or improve their English while they are here.

I agree. The ones who enter illegally are (by and large) probably doing so for OTHERWISE commendable reasons. BUT, even so, they ARE engaging in a criminal act as their first order of business here. Plus, they are jumping the line over others who are trying to comply with our immigration laws.

While here, MOST of them are pretty decent folks. I have met many and like them for the most part, quite a bit.

None of that changes the fact that illegal entry is illegal.

Exactly so.