Thursday, October 02, 2008
Illegal Immigration is a crime? By Michael Vargas
How many times do you hear that Illegals are Criminals? I assured you thousands times and probably you hear from people, and politicians distinguished themselves from others from being educated.
Well, On my understanding; Citizens and Non Citizens have and deserve a Human and Civil Rights then how come politicians, Anti Immigrants, Xenophobics and Nativists are so ignorant of the Law?
If I used the word illegal on my blog is not because I like that word. I totally condemned to be used and labeled to Undocumented Immigrants for political purpose, journalists ratings, and for personal gains. For me There is no such an Illegal Human being period.
And That is a real proof of racial panic: being in the U.S. illegally is "a low-level federal misdemeanor punishable by up to six months in jail and/or a fine of $50 to $250" "unlawful presence" is a civil, not criminal, offense. Why then do some people argue for everything from shooting them to mass deportations? Especially since most are law-abiding apart from their immigration status.
See the classification and understanding of Title 8, Section 1325 under U.S. Code which does subject the Civil penalties but not as a CRIME.
Which determine under the civil rights of any Individual that any charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty .
Meaning that you cannot be held against your will without just cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being held, and you demand it, the courts must issue a writ of habeas corpus, which forces those holding you to answer as to why. If there is no good or compelling reason, the court must set you free. It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.
Section 1325. Improper entry by alien (Foreigner)
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien (Foreigner) who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
or (2) eludes examination or inspection by immigration
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 (Foreigner)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
Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both.
What's most disturbing, and the largest indicator that America concerns are really racist rather than a concern about immigration, is the amount of hostility there is towards Hispanics and Latinos regardless of whether they are here legally (and I must respectfully and completely disagree with one of my friends on this-- no, you cannot "tell" who is Undocumented just by how they look/act/speak). There is a bunch of hypocrites on our society specially the Nativists, Extremists and Minutemen Members.
What really gets me is how these minutemen stand around Home Depot protesting day laborers and calling them "illegals" when they really have no clue who is "legal" or not. If that's not racist and racial profiling I don't know what is.
I will said asks, "Why do ICE agents wear bulletproof vests and full combat gear when they go on these raids? [of factories, etc., whose employees may be Undocumented Immigrants]... most of the time they are facing terrified civilian factory workers or illegal tenement dwellers who know their lives are about to be uprooted and are trembling in their pants, holding on to their babies or looking to run away. Have their been any recorded instances at all of undocumented workers standing and fighting these armored Squad Teams?"
What really struck me, is the exact parallels to immigrant-phobia in earlier periods of US history. The exact same complaints were made about the Italians, the Irish, the Germans, the Chinese and, yes, the Jews. During WWII, we turned away Jewish refugees, including the infamous "ship of the damned" incident-- for same fears-- they carried disease, spoke another language, and would steal all our jobs. I'm not making this up-- look up some periodicals from those time periods. And for those who argue that those Jews were fleeing in fear of their lives (I have to say, for some their had had to escape to America illegally, I wouldn't have begrudged them that opportunity!), while the Hispanics are just lazy... do you have any idea what Hispanics, Latinos from South Americans go through to get here? Apart from the basic threat to their lives, that is... Families torn apart, people giving up every cent and everything they've ever known on their entire life... people don't do anything like that know on days. They do it because they know it's the only reason their children will have a decent chance and a better life. Would you risk your life for your Family?.
And to finalize this argument Crime is statistically lower among Undocumented than among citizens, The FBI report that in 2007, the Violent crime dropped 1.4 percent overall compared to 2006, reversing a two-year up tick. That includes decreases in all four offense, Property crime declined 2.1 percent from 2006, with decreases in each city grouping. Arson—tracked separately from other property crimes—also fell 7.0 percent from 2006; despite gang problems. When crime rates rose in country along with an immigration wave, they did not rise where the immigrants were, but in other places. This makes sense if you think about it. These people have come hundred of miles and risked everything to get here. Are they going to draw attention to themselves and risk getting thrown back out? Of course not. It was a problem of growing gang activity among particularly the teenagers of legal immigrant families and second generations. What do you expect? They're adjusting to a new culture where they're not particularly welcome. Much of our fear is due to disproportionate reporting. Anything good done by Undocumented is ignored, while any crime committed even by Hispanic citizens is seen as reason to limit immigration. God Bless America. The Salad Bowl.!!!!!!!!