Author Topic: Illegal Presence in US Not a Crime  (Read 2150 times)

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Offline HiWarp

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Illegal Presence in US Not a Crime
« on: August 22, 2007, 09:21:25 AM »
It just keeps getting better and better.  So this guy who is here illegally and is using his son to sell cocaine can plea bargain and get out of doing jail time because, according to the court "While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country. ".  In other words, while it is illegal for me to forcefully break into someone's house, it's not necessarily illegal for me to be in the house?

If it weren't so sad, it'd be funny.

http://www.cnsnews.com/ViewNation.asp?Page=/Nation/archive/200708/NAT20070821c.html

Quote
Illegal Presence in US Not a Crime, Court Says
By Jeff Golimowski
CNSNews.com Senior Staff Writer
August 21, 2007

(2nd Add: Includes comments from Janine Cox of the Kansas Appellate Defender's Office.)

(CNSNews.com) - If you can get past the border guards and into the United States, you're no longer violating the law, according to a Kansas Court of Appeals decision.

The ruling comes after an illegal immigrant, Nicholas Martinez, was sentenced to a year in jail after pleading guilty to possession of cocaine and endangering a child. Court documents say Martinez was caught in an undercover sting by detectives in Barton County, Kansas (about 120 miles northwest of Wichita), using his young son to help sell cocaine.

Under Kansas law, the charges (and plea bargain) would have landed Martinez on probation. But the judge in the case said the defendant couldn't be put on probation because of his immigration status.

"Mr. Martinez is illegally in the country and is in violation of the probation rules right from the start if I place him on probation," court documents quoted Judge Hannelore Kitts as saying. "He has to comply with all the conditions of the probation and he can't do that because he's in violation of the law not to violate any federal or state laws."

The judge then rejected the plea agreement's sentencing recommendation and ordered Martinez to spend a year in jail.

"I don't want to speak for her, but the judge obviously believed there was an inconsistency in placing him on probation when one of the first things he would have been told was to obey the law," said Barton County Attorney Douglas Matthews.

But on appeal, a three-judge panel threw out the sentence, based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country.

In its opinion, the court explained that Congress had implicitly created the distinction: "While Congress has criminalized the illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported," said the opinion.

The court also cited previous cases, including a 1958 Supreme Court case, which found that laws regarding illegal entry into the country "are not continuing ones, as 'entry' is limited to a particular locality and hardly suggests continuity."

Because the judge hadn't determined whether Martinez had been deported previously, the appeals court ruled she had no legal basis to deny probation, since simply being in the country isn't necessarily a crime.

A pre-sentence investigation by the court did not find any evidence Martinez had been previously deported.

Martinez's appellate attorney, Janine Cox of the Kansas Appellate Defender's Office, said she and her client are happy with the ruling, but she said the case is far from over.

"The case is still alive. The sentence has been vacated … (prosecutors) have 30 days to make a decision" about an appeal, said Cox. "If the Supreme Court takes it up we'll do it all over again."

Perhaps the most interesting aspect of the opinion is the way the court arrived at its conclusion. Cox noted neither she nor the prosecutor had made an argument saying Martinez's presence in the country was not a crime.

"We argued that (immigration) status wasn't enough of a reason to depart from sentencing guidelines," said Cox. "The determination of status is solely a federal government determination."

Cox declined to comment on the potential ramifications of the ruling on other immigration cases.

Matthews said this is one of if not the first time this issue has been brought before a Kansas court, though similar cases have been heard in Oregon and Minnesota with similar results. He said he doesn't necessarily believe the ruling will have far-reaching effects, as the language of the opinion was extremely narrow.

"The Court narrowed the conditions under which (Martinez) could be imprisoned for his violation of Kansas law," said Matthews. "The mere fact that you're in Kansas illegally does not mean, at least according to this opinion, that one of our District Court judges can impose a prison sentence as opposed to probation after you've been convicted of a felony offense."

Prosecutors have 30 days to appeal the ruling to the Kansas Supreme Court.

"When the people fear their government, there is tyranny;
when the government fears the people, there is liberty.”
---Thomas Jefferson

Offline Hail Columbia

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Re: Illegal Presence in US Not a Crime
« Reply #1 on: August 22, 2007, 10:09:14 AM »
That's our illegitimate government at work.  So, although murder is illegal, if I kill someone, such as everyone on the Kansas Court of Appeals, then it must be alright, since by the time that I am apprehended, it was done after the fact?


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newman

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Re: Illegal Presence in US Not a Crime
« Reply #2 on: August 22, 2007, 01:36:42 PM »
They need overriding federal legislation on this.

Offline cjd

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Re: Illegal Presence in US Not a Crime
« Reply #3 on: August 25, 2007, 02:35:30 AM »
This is just another tailoring of our laws to accommodate the illegals that are here in this country. Anything and I mean anything goes in order for the government to accomplish this open border North American Alliance Garbage.
He who overlooks one crime invites the commission of another.        Syrus.

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newman

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Re: Illegal Presence in US Not a Crime
« Reply #4 on: August 25, 2007, 06:43:31 AM »
New sign on the Statue of Liberty:

"C'Mon in, no documents neccessary.
 Burn our flag, that's OK
 Keep your own culture, our's is evil
 No loyalty required "

Offline HiWarp

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Re: Illegal Presence in US Not a Crime
« Reply #5 on: August 25, 2007, 08:04:17 AM »
Look at this sign from an pro immigration rally to see the real agenda.  Check the small print at the bottom.

"When the people fear their government, there is tyranny;
when the government fears the people, there is liberty.”
---Thomas Jefferson

Offline fjack

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Re: Illegal Presence in US Not a Crime
« Reply #6 on: August 25, 2007, 09:05:59 AM »
Dear Illegal’s the Democrats Need your help.

Dear Undocumented Newcomer,
As you know election time is coming and we, in the Democratic Party need your help. We must stop the evil conservatives and republicans from winning the election by any means necessary. That is where you can help. This is what you should do and we in return will give you a list of what we will give to you when we are elected.
•   As soon as you put your foot on the future Mexican annexed USA you must register to vote. You may say ‘it is illegal for us to vote’, technically you are right but then again you are already a law breaker so one more attack on an unjust law passed by dead white gringo filth does not matter. You don’t need any kind of ‘real ID’ to register. If asked by the white person behind the counter for any ID you immediately reply “I don’t need a stinkin’ ID You must remember to scream at the top of your lungs so as to intimidate the white oppressor that wants to keep you out of this, the homeland that was taken from you by white interlopers. It would have more of a punch if you came intoxicated with the smell of beer and tequila reeking out of every pore of your body. You must remember that white people are civilized and have great fear of macho psychopaths and sociopaths, so she will back down instead of risking a beat down. If she calls a cop no problemo, he can’t ask if you’re here, in your former homeland that was taken by the evil European, legally, that is against the laws in sanctuary cities
•   You must be sure to cast your vote early on Election Day. By starting out early, you will be able to vote several times at different poling places. When asked for proof once again scream at the top of your lungs, ‘I don’t need no stinkin’ proof’. The white person will shrivel up like a little helpless slug and not interfere with your ‘human right’ to vote any where and as many times as you want. Please make sure that you stink of booze and are all doped up, since this will really scare the white oppressor.


What do you get in return for voting for the Democratic Party?
We will make sure that:
•   We will promise you Social Security for all your parents that never put a dime into the system. Social Security benefits for your children, even if they are not sick at all, just have the low IQ that is standard for your kind.
•   You will be given food stamps that you can use for booze and smokes
•   Free medical care for you, your little gang bangers, your girlfriends, and every single member of your clan.
•   At schools, your gang bangers will be taught in your language and be taught your culture and made up history. We promise that by the first two weeks of school your little banditos and banditas will hate the USA as much as we do. That is a solid promise that we make to you.
•   At school the little white destroyers will be given free breakfast and lunch that will reflect the cultural cuisine of your cultures, all paid for by whitey
•   You will have the right to bring in your entire village, fellow gang bangers from Mexico, all of your friends and relatives in prisons or just about any body you want into your new home land.
•   You will have affirmative action rights for those of you that want to work. Just picture you as a cop, all that power to harass white people, molest white women, shot down anyone you want. You will not have to pass any racist tests or psychological tests, nothing.
•   If you want to cleanse an area of white people, we will help you in every way we can. We will ignore housing laws and let you live 300 to a room, urinate in public, destroy the area, pitch tents on you front lawns, put as many Chevy’s that you want on cinder blocks, little the area with beer cans and bottles, play load music at any time of day and if your white neighbor complains, assault him. You can say that you are the victim of ‘white oppression and that the stinkin’ gringo made racist remarks such as ‘clean up the lawn’, ‘please don’t urinate and defecate in front of my children’, ‘please don’t touch my little girls private parts’ and ‘turn down that music’. That would not be a liberal judge to levy a fine or arrest you. He also cannot ask you if you have documents.
•   We will help you get elected of political office, where you can make your own laws and destroy what ever rights the white gringo dogs have. All that power.
•   You can have [censored] fights in public parks, dog fights and even bull fights if you want to. The defense to that would be that it is your ‘culture’ and that prohibition of these activities would be ‘cultural insensitivity’. We have wonderful white and American hating organizations like the ACLU, Southern Poverty Law Center and the NAACP that will help you destroy the country and White culture in general.
•   When there are enough of you, you can make Spanish the official language of the country of Atzlan, the former USA.
•   You can round up the self hating whites and do what your ancestors did so well, human sacrifice



This and much more is what the Democratic Party will give you. It is imperative that you turn out and vote. Destroy the USA and gringos once and for all, the liberal establishment is behind you. We have a proven track record of given minorities what they want, Didn’t we let the Africans destroy white neighborhoods, give them the right to have jobs that they are not qualified for, free food, free child care, free medical and all sort of goodies that are in the reach of your hands. Reach out and take it. We are strong in numbers. Our members include Jesse Jackson, al Sharpton, Geraldo, Sean Penn, puff daddy or diddy or do do, Jennifer Lopez, Ted Kennedy, bill and hill. Please help us!! We need and respect you.
Viva Mexico.

This message is approved by Hillary Clinton, Barak Obama, Dowd, Kennedy and the congressional black caucus.

Dear fellow posters, please tell me if I left any thing out. This is what is coming down the line. Be prepared for the worst.

newman

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Re: Illegal Presence in US Not a Crime
« Reply #7 on: August 25, 2007, 09:14:20 AM »
That's your best yet!

I wish I was rich. I'd pay for that post to be put in full-page ads in newspapers all over the USA.

Offline fjack

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Re: Illegal Presence in US Not a Crime
« Reply #8 on: August 25, 2007, 09:27:01 AM »
Thanks Newman, I like your posts also. It is just a shame that what I wrote is the truth.

newman

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Re: Illegal Presence in US Not a Crime
« Reply #9 on: August 25, 2007, 09:34:15 AM »
Thanks Newman, I like your posts also. It is just a shame that what I wrote is the truth.

It would have been a hugely funny comedy piece but it's too close too the mark for that. Dead on, in fact.

Offline HiWarp

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Re: Illegal Presence in US Not a Crime
« Reply #10 on: August 25, 2007, 10:56:47 AM »
That's your best yet!

I wish I was rich. I'd pay for that post to be put in full-page ads in newspapers all over the USA.
If the Republicans had any brains and balls instead of dead gray matter and pimples, they would pay fjack for the right to use it and they would put the ads in the newspapers. 
"When the people fear their government, there is tyranny;
when the government fears the people, there is liberty.”
---Thomas Jefferson