- Sep 13, 2012
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- #121
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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