Immigration, from 11 July 2018
Wednesday, July 11,2018
PREFACE: LONG POST
******READ WITH YOUR 1ST CUP OF COFFEE. FOR REAL.******
Thoughts on Trump’s immigration reform. Referenced article: http://www.chicagotribune.com/news/nationworld/ct-immigration-children-reunited-20180710-story.html#
“Justice Department lawyer Sarah Fabian said 75 of the children are eligible for release. Another 27 cannot be immediately be reunited for various reasons, she said. Some did not cross the border with their parents. Others have parents who are serving criminal sentences. Some parents have serious criminal histories, including for child abuse, and may be deemed unfit.
The American Civil Liberties Union, which is representing the parents in the class-action lawsuit, said U.S. officials "have not even tried" to return 12 children to parents who were deported, and should have more quickly found and vetted eight parents who were released in the United States.
Most of the parents of the youngest children were being released from custody to await immigration hearings or deportation proceedings, the government said. But lawyers signaled in court that the government could seek to detain parents and older children after they are reunited. Officials have considered using military installations for that purpose.
Army Lt. Col. Jamie Davis, a Pentagon spokesman, said no migrants are being held now on U.S. military bases, but federal officials have asked the Pentagon to make room for up to 20,000 unaccompanied minors and as many as 12,000 family members. The process could take weeks.
Under a federal consent decree, the children would have to be released from detention within 20 days, a protection that was affirmed Monday night when a federal judge in Los Angeles rejected the Trump administration's request to hold minors longer.
By separating families, Trump sought to advance a hard-line immigration policy that past administrations had considered, and abandoned as inhumane. Parents were charged with the minor crime of crossing the border illegally and jailed to face court proceedings. Their children were scattered across the country to foster care or shelters. Critics said federal officials did not have a plan to reunite them and failed to keep track of which children belonged to which parents.
Accounts of wailing children and forcible separations sparked a national and international outcry, and warnings from physicians about lasting psychological damage to children and parents.
****FIRST THOUGHTS****
Okay – while I do agree there should be a process to legally let certain people into the U.S., what I have a problem with is the lack of a process by which enforcement took place. There wasn’t a plan to reunite the parents with their minor children. Confusion, psychological damage ensued. America does not have it’s shit together, and is making that rather apparent to the entire world. It’s honestly embarrassing. A work visa- cool. Seeking asylum – uh… well what does that mean legally, and what does entering into the country illegally mean?
Cool – I found some lawyers who clarify how vague this wording and rule is! Surprising in America’s legal system? Heck no.
“Is it a Crime to Enter The U.S. Illegally?
Illegal entry (or "improper entry") to the US carries criminal penalties (fines and jail or prison time), in addition to civil penalties and immigration consequences (deportation and bars from future entry).Is it a Crime to Enter The U.S. Illegally?
Illegal entry (or "improper entry") to the US carries criminal penalties (fines and jail or prison time), in addition to civil penalties and immigration consequences (deportation and bars from future entry).”
******GO GET YOUR 2ND CUP OF COFFEE. YES, NOW!******
What Is Illegal Entry?
U.S. immigration law actually uses the term "improper entry," which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point. Improper entry can include:
· entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
· eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend’s car), or
· attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).
(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language - www.uscis.gov/laws/immigration-and-nationality-act.)
Criminal Penalties for Improper Entry
For the first improper entry offense, the person can be fined (as a criminal or civil penalty), or imprisoned for up to six months, or both. This is considered a misdemeanor under federal law (18 U.S.C.A. § 3559).
For a subsequent offense, or a reentry (or attempted reentry) after exclusion or deportation, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, 1326, I.N.A. Section 275, 276.) This is considered a low-level felony under federal law (18 U.S.C.A. § 3559).
******TAKE A BREATH DAMNIT....WE'RE ALMOST DONE!********
So while there are clear rules about entering our country illegally, we provide a very faded gray line on what the implications are with respect to the punishment for violations of these laws. Oh, right, keep in mind, translation into the myriad of languages in order to help those would -be trying to immigrate into our fine nation are at best lax. This begs the question then, did America set up its own issues due to vague and ineffective communication methods? I’ll leave that for you to decide in your own mind. We have a long way to go in order to effectively communicate with those seeking asylum, refuge, or other entrance into our nation. I ask of all of us to zoom out a bit from the current political heyday in order that we can form a more objective stance of this issue. Keep this one on the back burner at the very least.
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