Recently Martha Coakley, who lost to Scott Brown in the Massachusetts Senate race, affirmed why she should never have been allowed into public office in the first place when she said
“Technically,” she replied, “it is not illegal to be illegal in Massachusetts.”
Oh, but it is indeed illegal, Martha. It is United States Federal law.
Given the mindboggling ignorance of Coakley, Obama, Napolitano, Holder and the mayor of Phoenix, I thought a review might be in order.
Since 1929 it has been a Federal crime to enter this country illegally. It carries a fine of up to $250 (hey it was 1929) and imprisonment of up to six months.
Obama was whining about the need to “show your papers.” In his excellent post Curt pointed out that in Mexico you sure as hell have to have your papers on you and that Mexico’s illegal policy is a lot tougher than our own. Do aliens have to carry papers here? Why, yes they do. Not only that, they are supposed to be fingerprinted on entry as well!
General Registration Requirements
Who Must Register
According to INA §261, no visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with INA §221(b). Therefore, any alien applying for a visa must be registered.
In addition, according to INA §262:
1. Every alien in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under INA §221(b) or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, must apply for registration and to be fingerprinted before the expiration of such thirty days.
2. Every parent or legal guardian of any alien in the United States, who (1) is less than fourteen years of age, (2) has not been registered under INA §221(b) or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, must apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.
INA §262 covers all aliens, except visa-exempt nonimmigrants (such as Canadian citizens entering as B-1 or B-2 nonimmigrants) who are in the U.S. for fewer than 30 days. INA §263 also exempts diplomats (A status) and official government representatives to an international organization (G status).
These requirements were part of the Patriot Act of 2002.
This is fairly recent law. Here is some not-so-recent law. Legal aliens must carry their certificates on them at all times and there are proscribed penalties for those who do not comply:
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
And if an alien doesn’t feel the need to register? Well, then you’re illegal and failure to register is a crime too:
(a) Willful failure to register
Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.
So let’s recap.
– It is a violation of Federal Law to enter the country illegally.
– It is a violation of Federal Law not to register upon entry into the United States.
– It is a violation of Federal Law to fail to carry an alien registration certificate at all times.
All of that is CURRENT FEDERAL LAW.
The cost of illegal invasion is huge:
– The Maricopa County Attorney’s Office has found that 22 percent of felonies in the county are committed by illegal immigrants.(3) Illegal immigrants are estimated to be 10 percent of the county’s adult population.(4)
– Analysis of data from the State Criminal Alien Assistance Program showed that illegal immigrants were 11 percent of the state’s prison population. Illegal immigrants were estimated to be 8 percent of state’s adult population at the time of the analysis.(5)
– Approximately 17 percent of those arrested by the Border Patrol in its Tucson Sector have criminal records in the United States.(6)
– The issue of illegal immigration and crime is very difficult to measure, and while in Arizona there is evidence that illegal immigrants are committing a disproportionate share of crime, it is not clear this is the case nationally.(7)
– In 2007, the Center for Immigration Studies estimated that 12 percent of workers in Arizona are illegal immigrants.(8)
– In 2007, the Center estimated that illegal immigrants and their U.S.-born children (under 18) comprise one-fifth of those in the state living in poverty, one-third of those without health insurance, and one out of six students in the state’s schools.(9)
– In 2007, the Center estimated that one-third of households headed by illegal immigrants in Arizona used at least one major welfare program, primarily food-assistance programs or Medicaid. Benefits were typically received on behalf of U.S.-born children.(10)
I often hear how illegals “add” to the economy. I think that’s absolute bullcrap. No one is going to convince me that an illegal with a family of 6 having 4 kids in schools at a ten thousand a head and paying zero property taxes and minimal if any social security taxes “adds” to the economy. For additional proof, see “California.” The state with the most natural resources in the country is verkakte.
There’s something else to keep in mind. It is often asserted that we “need” illegals to do the jobs that “Americans just won’t do.” Firstly, with an unemployment rate nibbling at ten percent I am not sure how many jobs of that nature exist. Second, illegals are for the most part paid under the table. They are cheap labor.
For now.
Once Democrats get though granting them amnesty, they will be legal. As such, they will have to be paid minimum wage. Not only does that spell the end of the cheap labor, it means that we’ll need – guess what?
We’ll need more illegals to do the jobs that Americans won’t do! This process will not discourage more illegal immigration, it will encourage it! The newly minted “legal aliens” will find themselves displaced for the cheaper illegals. Then watch the rate of unemployment go right to the moon.
Idiocy is often its own competition and ICE Chief John Morton demonstrates that perfectly. He let it be known that if he doesn’t like a state law he won’t enforce Federal Law. Never you mind whether the law is Constitutional or not. It’s all about whether the law meets his fancy. Here I thought he was supposed to be an enforcement official, but what do I know?
So when you next hear someone tell you that Obama knows what’s “fair” or how the Mexican President “disagrees” with something, whip these out and shut them up. But golly, it makes you think there ought to be some kind of test to become a lawyer like Obama, Holder or Coakley- something that includes knowing the law.
Obviously there isn’t one now.
Is there?
DrJohn has been a health care professional for more than 40 years. In addition to clinical practice he has done extensive research and has published widely with over 70 original articles and abstracts in the peer-reviewed literature. DrJohn is well known in his field and has lectured on every continent except for Antarctica. He has been married to the same wonderful lady for over 45 years and has three kids- two sons, both of whom are attorneys and one daughter who is in the field of education.
DrJohn was brought up with the concept that one can do well if one is prepared to work hard but nothing in life is guaranteed.
Except for liberals being foolish.
But federal law makes it illegal to be illegal in any state …
Progresives HATE Republics, because in a Republic, the rule of Law trumps their agenda of more power to Technocrats.
To destroy a Republic, you must destroy respect for the law… and its equal application, and enforcment.
That is EXACTLY what Obama and his Posse are doing… destroying the electorates trust in Law, by giving unequal application and selective enforcment to Laws.
Look at the Chrysler bailout, where they ignored Laws which said bondholders had first dibs on money, and gave that money instead to Unions and Foreigners.
Look at the Black Panther Election day case, where even after they were Judged as guilty, they were let off.
I could go on and on… but these actions are a direct assault on the REPUBLIC.
I think the right is missing a basic point (among a bunch of other ones) that the left has made since 11/04/08; namely, that borders, nationalities, and the like (as well as associated laws and regulations) no longer matter. They are telling us that these things not only “shouldn’t” be relevant, but in effect they “are” irrelevant.
By electing as President someone who clearly isn’t an American, they not only made this point to the US citizens, but they announce it to the World through a megaphone, so loudly that unfortunately the law abiding legal residents and citizens of this country (well, what used to be referred to as “this country”) missed or discounted.
Trying to argue with these leftists that “illegal” immigrants are breaking the law is as futile as hitting your head with a coconut, trying to crack it and drink its milk.
If the right wishes to REALLY do something about laws and the Constitution, then they should form a new Nation, with real borders, passports, legal tender etc, within the borders of the old US, and enforce these laws. Maybe Arizona is the seed of this New America.
I often hear how illegals “add” to the economy.
Oh, it depends on your accounting. Of course they add a little to overall GDP, on average. The problem is the drain on public amenities (whether healthcare, welfare or whatever).
There is something ironic about the way the politics of illegal immigration have shaped up. Practically speaking, if you had a small government that supplied few public services and no welfare (very conservative), had a low minimum wage and so on, taking in a few million low-skilled immigrants wouldn’t present intractable problems. There might be law enforcement issues but it probably wouldn’t break the bank. Now if on the other hand your ideal is a robust public sector with free healthcare, lots of nice parks, libraries, state universities and so on, and a high minimum wage (very liberal), then taking in millions of people with limited ability to produce is an unmitigated disaster: there is no way for them to pay their fair share, even if they’re law-abiding. You go bankrupt.
So as far as adding to the economy, I think you should make sure to focus on per-capita GDP measures. We could ‘grow our economy’ (increase US GDP) by annexing Mexico, but the citizens within our current boundaries would not be better off.
Good stuff Dr. John! I’m having a time keeping up with you. At this rate, we may have to change the name of the blog to “An Hour with Doc and Mike.” Bet we could do a kick ass radio show too!
@bbartlog: Hey bbart! Off topic, but I wondered what you thought of Rand Paul winning the KY Senate GOP primary?
LOL! 😀
JAMES F: hi, that would mean that you would give thoses illegals a land for that new nation?: but wich STATE would you take it from?: bye 🙄
One of the “costs” of criminal immigrants is the gutting of our skilled labor force.
Look at it this way. Young men (who did go to college or into the military) usually took jobs learning a trade. They learned carpentry, plumbing, Roofing, whatever, working for a local tradesman who had been in the trade for 5-50 years.
Those older men are retiring or being forced out by cheap labor. The young men are not entering the trade because they can’t afford to work for $6 an hour (without living with their parents).
Tolerating the pool of criminal aliens in our midst working as a pool of cheap labor and sending their earning back to support families in Mexico drains our wealth and our skills.
I wondered what you thought of Rand Paul winning the KY Senate GOP primary?
I was happy (I sent him $100 at some point, maybe half a year ago). Ideologically I prefer his dad – Rand sort of splits the difference between Ron Paul and mainstream conservatism, which is probably a big improvement from the perspective of most Republicans but not so much from mine. Remains to be seen how he’ll vote if elected, too. Lots of politicians can talk a good game and then end up selling out their principles for one reason or another.
Wasn’t too pleased with his comments on the civil rights act either. I can see the principle he’s arguing from but it’s a retarded thing to argue about when, first, the law has been settled for over forty years, and second, it just gives your opponents crates of free ammo.
@ Comment #7:
I don’t know; but obviously there’s a sizable quantity of people residing in the current 50 States who think that there’re no borders, and that there shouldn’t be any. So, a split must/will take place sooner or later – and where the right will go and where the left will settle is something to may be peacefully decided. One thing is becoming abundantly clear – these two different nations within-a-nation can no longer co-exist.
JAMES F: I like your last statement: being illegals they just have to return them to their own country; there are many who are in their own country,waiting for coming with the legal channel; so why would they not be chosen before the illegals who know they commit a crime,and came on their own will not respecting the laws of the land: 🙄 bye
JAMES F: I want to also mention that the present government seems to have willingly create divisions among the true AMERICANS also, this is not supposed to be helping the NATION; they where NOT elected to divide or hurt with undesirables laws,but they where elected to do one thing ; it’s to SERVE the AMERICANS, not anyone else. 🙄 bye
MADDMAXX: I see that you just made it so easy to understand why they should be return to their country of origine; the government find all kinds of difficulty to not take steps in actions because of their own interest that goes first in governing,where they suppose to agree to the AMERICANS will,that means to SERVE the AMERICANS,and NOT the illegals. bye 🙄
Dr. John – I love your research!
Here are some questions to all of us, who wish to see all illegals out of this country, and to secure the borders:
Are we willing to go to Arizona and help build/finish secure this wall?
Are we willing to go to Arizona and defend the borders?
Are we willing to go and reclaim at least that State from illegals?
Or, is that all that whining we do simply idle talk?
And don’t you think the illegals and the Obambas of this Nation know that?
It’s time to either show up or shut up.
James, I agree and disagree.
It IS time to put up or shut up. Where I disagree is in the limited scope of your proposal. We each need to attack the problem of criminal aliens in our own states rather than focusing on Arizona.
One solution that I proposed (that has achieved NO traction with politicians) is to turn off the magnet attracting criminal aliens to this country: JOBS.
I proposed a law for Colorado that would fine employers hiring criminal aliens $100K per alien on the first offense, $250K per alien and a 5 year revocation of license to do business in the state on the second offense, $500K and permanent revocation on the third offense.
The response from Colorado politicians? Que the crickets.
John Cooper
Thank you, sir!
Thank you Max (# 16).
They were more or less rhetorical questions; we all know that nothing will be done – in effect there aren’t any borders any more. As your experience suggests, noble and well-intended ideas to deal with this issue are bound to fail, because a very large number of people here simply accept the status quo for a variety of reasons, or they don’t care much about it.
The bottom line is this, in my view: unless and until some among us take an active role in this matter, nothing will be done. And I focus on AZ simply because AZ was the first to take some action – weak as that action might be. Spreading the meek activism in all 50 States will totally diffuse it.
Technically in Massachusetts it isn’t stupid to be stupid.
In the democrat’s dictionary, “technically” means what the republicans do is wrong, and what the democrats do is right. Legally the “Rule Of Law” is the “Rule Of Law.”
There are a lot of different kinds of dictionaries (redneck, truck driver, hillbilly, etc.). We need a “Democrat” dictionary so we know exactly what they are saying.
@James F: A long time ago I wrote a letter to all of the governors to send the illegals to Washington DC where they are wanted. When the illegals are arrested and ICE tells them to release the illegals, release them in Washington DC and let the politicians who want them take care of them.
Now, I am suggesting to set up pickup points and have volunteers take the illegals there. They could put up a sign saying, “Free ride to Washington DC for illegals and your families. You are wanted there.” If I lived in one of the border states I would get a bus license and volunteer to shuttle them to DC. Do we have any volunteers? Maybe the Tea Party Patriots could sponsor such a shuttle. I would donate to that and volunteer in Pennsylvania.
A while back San Francisco was buying bus tickets for their homeless to Humboldt County. Humboldt was finally able to put a stop to it by suing SF. They convinced the homeless to go by explaining that welfare paid more in Humboldt. Even after suing them and stopping the invasion, Humboldt was stuck with thoses that were already there, they weren’t allowed to send them back as part of the settlement. The process worked well for SF. Since the federal gummint is refusing to enforce the law and their representative has stated he may refuse to accept “referrals” from AZ, I’m thinking that it might behoove AZ to offer a ticket to the sanctuary city of their choice to all illegal aliens, especially those who are soon to be released from jail or in lieu of prosecution for crimes committed in AZ.
Maybe Arizona should consider turning the employers of illegal aliens over to the feds instead of undocumented aliens. This, from Bensonville, Illinois, dated today:
http://mchenrycountyblog.com/category/clinton-roy-perkins/
BBARTLOG:hi, your comment has a lot of sense,like all of your’s; it made me think about something like this: in the beginning of AMERICA there was not enouph citizens and it was good to admit immigrants from others countrys who’s desire was to live the AMERICAN DREAM,and all where assimilated faster to the LAND OF THE FREE,proud and tall there was progress and many opportunitys to make it rich and easy or happy and living a fair good life: time went by to” NOW;” DOn’t you think there is enouph people in this AMERICA that do not bring any progress to the wellbeing of the whole country?; and it’s should be time to at least better select who will get to immigrate their potential to assimilate to the soul of the country and their potensial of becoming a contributer in business that specificly produce jobs for the americans and so on… 🙄 bye
@Katie: Send them to Washington DC where they are wanted.
Our illegals problem isn’t near as bad as the American Indian’s illegals problem.
SMORGASBORD: hi, illegals AMERICAN INDIAN”S PROBLEM?…i’d like to understand please tell me. bye 🙄
SMORGASBORD is either being a smarta** or he’s a troll.
Certain people in the criminal alien apologist family claim that anyone who came to the America’s (north and south) after Columbus is an alien and only the Native Americans are….. well, natives.
Thank you for the link Greg. Will use that in one of my posts.
When the first white men came over from Europe we started settling the land for ourselves. The American Indians who had lived here for possibly thousands of years welcomed the colonist and helped them survive the cold Winters they weren’t used to.
The original Thanksgiving meal was to celebrate the fact they survived under the harsh Winter conditions they weren’t prepared for. The Indians and colonists ate together.
As more colonists came and the community got bigger they expanded outward. Eventually, they were going into land the Indians did not want them to have.
This led to war with the Indians. With our weapons and amount of colonists there were by then we defeated them and took there land. A treaty was signed that we would have the land in a certain area, the Indians would have the rest.
We kept expanding, fighting them, winning, signing a treaty, expanding, fighting them, winning, signing a treaty, and so on. Our own history books, at least the ones we had in the 60s, will tell you the Indians kept every treaty we ever signed with them. We broke every one of them. All the Indians wanted was to keep there land.
Sometimes throughout history we were the bad guy. We should be apologizing to some people, but not the ones Obama is.
I remember many years ago there was a full blooded American Indian comedian. The only thing I remember him saying was, “A lot of people are saying we should get rid of the illegals in the country. I’m for that.”
@James
To answer your questions: Yes, yes, and yes. Say when and where. I have a contractors license, I am physically fit….and presently retired. I’ll even bring my own tools.
Now, will I have to shoot my way through a bunch of lawyers, traitors and Obama voters (but I repeat myself) to do those three things?
Again, yes. But me and “Big Mac” are well acquainted, and very comfortable with eachother.
SMORGASBORD: thank you and you are absolutly right , they diserve the only apologie as the FIRST NATION as they are called in CANADA. bye 🙄
@MaaddMaaxx: I don’t consider myself either one. I try to look at things from as many points of view as I can before I come to a conclusion on something new I have learned.
Please explain the difference between us coming into land that the Native Americans lived on and the illegals coming into land we live on.
Read about how we put them on land called reservations that we didn’t want because no crops could be raised on it. Read about us supplying them with food, except the Indian agents put in charge of distributing the food kept most of it for themselves. Read about how we won’t let them have a business that competes with existing businesses nearby, which means almost everything. That is why they have so many Indian casinos. There isn’t much left for them. We should let them compete just like any other person in the area is allowed to start any business they want. The Indians should be able to too.
Read about the “Trail Of Tears” and tell me that isn’t something that we shouldn’t apologize for.
The past can’t be changed, and I ain’t saying we should give some land back to them, but one thing I would like to see is a freeze on hiring National Park rangers and train as many of the Indians as reasonable to replace the existing ones as they retire. The Indians wouldn’t get their land back, but they would be living on it again and taking care of it like they used to.
SMORGABORD: a few years ago, i was coming out of a shpping center; a woman was waiting like me, we start to talk, and she invite me to a pow wow,i thought very gracious and i said ,thoses are MOHAWCKS tribes? she agree and i said, well they are known to be dangerous with the whites,i am scare to go there, she said you know only what the white people say but the mohawcks are not dangerous,they just want to keep what belongs to them, and the white man always try to take it without even asking; i thank her and told her i was sorry for that. bye 🙄
I got an email from a friend today that had two links to news stories that all pro illegal people should see. I think you will want to pass these on to others. It’s not just Mexicans coming into the USA.
http://www.wsbtv.com/video/23438021/index.html
http://www.wsbtv.com/video/23438712/index.html
@ilovebeeswarzone: I’ve been in Canada several times as a truck driver. The first time I could have gotten a speeding ticket because I forgot I was supposed to use the LITTLE numbers on our speedometers.
@ilovebeeswarzone: The Mohawks were known to be fierce fighters, and feared by the white man. They would be like our Marines.
I don’t want to be off topic too long, so I will say it’s been nice chatting with you.
SMORGASBORD:nice for me too, bye 🙄
Technically, Dr. John, this is hard to argue on a technicality. Your presentation has a ring of truth, but falls short of tort reality.
The details of illegality lies with the degree of criminal offense via federal law. Had this discussion already on Curt’s April 28th thread. The federal penalties for illegal entry to the US, according to USC Title I, Chapter 12, Subchapter II, Part VIII is on the level of a misdemeanor. In fact, in Part VII of Subchapter II – 1306 and the alien registration you yourself linked – specifically states it is a misdemeanor.
Since the general dividing line between a minor misdemeanor offense and a felony comes down to imprisonment sentence max (usually a year), illegal entry doesn’t rise to the level of a felony until one is caught entering illegally a second time, raising the max imprisonment sentence to two years. Misdemeanors also have three different classes, from “step down from felony” violations, followed by traffic infractions, and violations of municipal code at the bottom of the ladder.
Technically, all are “illegal”, yes?
Therefore, until the feds decide to get more serious about the criminal classification of illegal entry, you will likely be met with the entirely logical argument that there are many “illegals” of that same calibre, living and residing here in the US, in the form of shoplifters; drunk drivers; those who are caught in possession of (not the sale) illegal drugs; and/or convicted of assault that didn’t result in a more serious crime of murder or manslaughter. In other words, they are not much different than the marijuana smokers filling the jail system in federal eyes.
Therefore, while it’s a confusing way to put it, Coakley… bozo that she is… is unfortunately correct when she states it’s not “illegal to be illegal in MA”…. because it is not illegal to reside in that state, or any state for that matter, when you are guilty of a misdemeanor. It’s that “meaning of ‘is’… is” moment that actually parses out to be true.
Those “misdemeanors” carry penalties of up to six months in jail.
To argue that something is against the law but not illegal grates at every logical fiber in my being., but I am not a lawyer.
It would be the same as a doctor telling you someone is not alive but technically not dead. Such parsing is of value only the legal profession.
That does not deter from the truth that the Feds need to pursue this at least as aggressively as they would possession of crack, as well as re-classify such “misdemeanors” as felonies.
I understand, Dr. John…. not trying to grate your fibers, dude. But the problem lies with the feds and their lackadaisical ‘tudes towards illegal immigration. As I said, the level of their federal crime is equal to, or even less, than the pot smokers occupying US jails around the country. Possession of a class D controlled substance (pot) is about six months, tho it can vary from state to state. It’s almost an apples to apples analogy. Don’t blame the messenger, please. Just trying to get you to recognize where the problem lies. Americans commit crimes classified at the same level daily.
I agree that illegal immigration violations should not be viewed so lightly. Yet instead of demands the feds increase the scrutiny and penalties on those breaking the laws, the cry from the citizenry goes up to instead place the harsher punishment on the US employers. Perhas this is an easier enforcement, but to me this is a manifestation of the quintessential “victim” mentality… let the “victim” (the illegal) off lightly, and blame the “parents” (the employers) for the bad behavior. Come on… how about some responsibility for the one here illegally? In fact, the penalties for questionable marriages to obtain green cards and legal status are harsher on the US citizen than the illegal.
Via general law, they cannot simply say that 6 months sentence for illegals is a felony, while 6 months for pot possession is a misdemeanor. They need to increase the imprisonment penalties to over a year for the first offense to bring it up to snuff. But then, this creates a new problem… more incarceration costs for the US taxpayer for illegals… housing, feeding and providing medical to them.
But the point of my comment was merely to note that it is not illegal to reside in a state as one guilty of a misdemeanor…. thus the statement that it’s not “illegal” for an “illegal” to be in a particular state. Therefore, much as I hate to admit it, Coakley is not “ignorant” of the law, as you aver. She is very well informed as to it’s status on the federal crime scale. (and believe you me, it hurts me to say that….)
So your venom should be directed less at those who recognize the lightweight federal statutes for what they are, and focus more narrowly on Congress… who should (but won’t) increase the penalty and crime status to something worthy of it’s import.
JAMES F: hi, as you read,some are willing to go with highly skill experience, to do what is required, but we all need some that as to be the top job of LEADING THE PROJECT; also secure the workers who build and all who are directly or inderectly involved; HOW,and who could mastermind that project?; this, if well prepare, could turn to be,THE ACHIEVMENT OF THIS GENERATION, to have solved the problems of having rectified the mistakes of GOVERNMENT FAILURES: we have to know that you’r dealing with criminals who don’t hesitate to shoot people in the back as they have already done to a rancher who was trying to help one who was faking sick lying down on the ground and shot the rancher as he turn his back. 🙄
DRJOHN:hi, i read all your ost;and i find it super informative, and explain many things that many people never knew before like me. I thank you for spreading your knowledge bye, 🙄
Liberal support of illegal immigration makes their minimum wage argument null and void.