Sessions orders "zero tolerance" policy on illegal border crossings

No more civil patty cake, they are going to be criminally prosecuted and jailed.

They can't be criminally prosecuted as there is no criminal violation. Under Title 8 of the US Code "Improper Entry" is cause for civil penalties, including up to 6 months imprisonment. This is problematic as statutorily defining de facto criminal prosecutions as civil procedures tends to involve abuses of government power.


That's where you're wrong, first offense carries a 6 month jail term. There are penalties, both civil and criminal.

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—
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 U.S. Code § 1325 - Improper entry by alien


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You really mean to tell me that you're quoting the actual statute, and yet you don't see what is right in front of your face?

Where does it say anything about criminal penalties? Oh, did you think that the prescription of 6 months imprisonment magically makes it a criminal statute? You would be wrong.

Pay attention and actually read what you're quoting. The statute specifically says it's a CIVIL liability. Which explains why it's found where it is. Crimes and criminal procedures are found in Title 18.


If you noted the civil penalties were listed separately, the first paragraph is criminal penalties. Also note the last part of the civil section: from the link
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

They can be found guilty criminally and receive civil fines also, here's a link to the memo, note it mentions criminal prosecutions under title 8.

https://www.justice.gov/opa/press-release/file/1049751/download?
utm_medium=email&utm_source=govdelivery


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The statute does not say anything about a criminal offense or criminal punishments. What part of that do you not understand? A person cannot be criminally prosecuted for something that is not statutorily defined as a criminal offense.


If you don't understand that a act that can result in imprisonment is a criminal offense, there's no hope for you. Sessions in the memo I provided is ordering criminal prosecutions, I guess a long time prosecutor doesn't understand the law either.

Run along child you're boring me.


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This astounds me. We have a immigration problem. Yes, yes we do. I called the police, fool I was in 199? against illegals, and actually went to a local INS office, those guys must have been astounded. So all those bazillion illegals aren't breaking statutory laws, just tiny tinsy CIVIL laws instead. Wow, that makes their intrusion, and the fact our local government kind of panders to THEM, makes it seem all so insignificant. Well, damn, it rather major issue, and YES, we NOTICE our government giving sanctuary to Mexican illegals Yes, we do.
 
No more civil patty cake, they are going to be criminally prosecuted and jailed. MAGA

Attorney General Jeff Sessions has ordered a "zero tolerance" policy aimed at people entering the United States illegally for the first time on the Mexican border.

His directive Friday tells federal prosecutors in border states to put more emphasis on charging people with illegal entry, which has historically been treated as a misdemeanor offense for those with few or no previous encounters with border authorities. Smugglers and repeat offenders are usually charged with more serious crimes.

Sessions tells prosecutors to ask for additional resources if needed to prosecute cases. As a model, he points to a Border Patrol effort launched in 2005 that typically resulted in a conviction and short time in jail.


Sessions orders "zero tolerance" policy on illegal border crossings - CBS News


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Tell that to my local legislators turned my home city into a sanctuary for illegal aliens without our consent , they just did it. BOOM, no votes, no popular consensus. I want to know WHY and HOW this happens. Because I am a real live American born in America, I am like that.


If a referendum process is available, get a petition going and bring it to a vote. But I think they will change their tune when grant applications are denied.


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It appears that stormy has taken one to many salami's in the wrong place and it has damaged its brain...


8 U.S.C. § 1325 - U.S. Code Title 8. Aliens and Nationality § 1325 | FindLaw


8 U.S.C. § 1325 - U.S. Code - Unannotated Title 8. Aliens and Nationality § 1325. Improper entry by alien

(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.




I would say that stormy has literally screwed the pooch...
 
Colorado: Denver gave illegals the so called "right to a motor vehicle operators license" (nobody voted to approve this), the local legislators moved to push the right to vote if you have a vehicular license, you can vote. We didn't ask for that, either. So If we give the right to cheaters to lie, what is the point of democracy?
 
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Colorado: Denver gave illegals the so called "right to a motor vehicle operators license" (nobody voted to approve this), the local legislators moved to push the right to vote if you have a vehicular license, you can vote. We didn't ask for that, either. So If we give the right to cheaters to lie, what is the point of democracy?

If enough agree you can take back the power. And the whole state gets a vote.

Laws governing the initiative process in Colorado - Ballotpedia


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Well, that's the problem, when voting is perpetually sidestepped. Nobody voted for, say Vietnam either. I lived through all that too, and well, NOBODY asked US...Which is the problem here... don't tell us what we want...ASK US!
 
Colorado: Denver gave illegals the so called "right to a motor vehicle operators license" (nobody voted to approve this), the local legislators moved to push the right to vote if you have a vehicular license, you can vote. We didn't ask for that, either. So If we give the right to cheaters to lie, what is the point of democracy?
Despotism has no need of it................which is the Zen for liberalism..........
 
Well, that's the problem, when voting is perpetually is sidestepped. Nobody voted for, say Vietnam either. I lived through all that too, and well, NOBODY asked US...Which is the problem here... don't tell us what we want...ASK US!


You have a remedy available in CO, use it or not, it's up to you now.


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Hispanics: I have known for years, those that were born here LONG before our forefathers , they fought along side Teddy Roosevelt, those that fought in the Spanish American war, that were born here in Hispanic enclaves well before our forefathers immigrated here,well yes. It doesn't explain the why we NEED to give ALL Mexican illegal aliens jobs and and disposes our own poor homeless NOW, nope. Not one iota. How so?
 
Good we don't have nearly enough people in jail as we should

Easy solution to that: Instead of putting them in jail, we deport them immediately. Prohibit re-entry under penalty of death. I'm sure we can exclude children from it.

But you don't want that. You don't want anything but for this issue to persist.
 
The maggots? We're not talking about you and your fellow trailer park creatures. We are talking about real human beings, with souls. You aren't fit to wash the feet of these people.

Okay, why don't you make like Mary Magdalene and go down there and start washing some feet then?

Moreover, when us "trailer park creatures" break the law, we're punished.

Why can't they?
 
Why is it illegal to ask someone what their immigration status is? Should it NOT just be common sense but a mandatory way to solve immigration problems? I was born In America, of legal immigrants. Nobody gave my great grand parents a sanctuary to skirt immigration laws. We don't want anyone else given that as a "right", either.
 
An illegal alien once cheated me out of $.15 at a 7/11. Kill them all!


Have you got something that is actually on topic?


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Well, I hate to interfere with the Trumpetts' manufactured crisis building, so carry on with your fear and hate mongering.....


A memo, directing federal prosecutors to pursue criminal convictions against illegals for illegal entry, from the Attorney General is hardly manufactured. And the only ones that need be afraid are the illegals that are formally deported with a criminal conviction on their record.


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An illegal alien once cheated me out of $.15 at a 7/11. Kill them all!


Have you got something that is actually on topic?


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Well, I hate to interfere with the Trumpetts' manufactured crisis building, so carry on with your fear and hate mongering.....


A memo, directing federal prosecutors to pursue criminal convictions against illegals for illegal entry, from the Attorney General is hardly manufactured. And the only ones that need be afraid are the illegals that are formally deported with a criminal conviction on their record.


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Trump will protect you from Spanish speaking rapists! As a matter of fact, I have to give Trump credit! Not one illegal alien rapist has broken into my home since Trump has been president, and I live only 35 miles from the border! Not only that, but thanks to Trump, I have not died in a commercial airplane accident!
 
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An illegal alien once cheated me out of $.15 at a 7/11. Kill them all!


Have you got something that is actually on topic?


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Well, I hate to interfere with the Trumpetts' manufactured crisis building, so carry on with your fear and hate mongering.....


A memo, directing federal prosecutors to pursue criminal convictions against illegals for illegal entry, from the Attorney General is hardly manufactured. And the only ones that need be afraid are the illegals that are formally deported with a criminal conviction on their record.


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Trump will protect you from Spanish speaking rapists! As a matter of fact, I have to give Trump credit! Not one illegal alien rapist has broken into my home since Trump has been president, and I live only 35 miles from the border! Not only that, but thanks to Trump, I have not died in a commercial airplane accident!


Where does it say Sessions memo only applies to Spanish speakers. Damn I must have missed that.

OH WAIT!!!!!!!!!!!! I didn't miss it did I, because it's not there.


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