Gov. Janet Napolitano (at www.nga.org)
Recent political events in New Jersey and Arizona illustrate just how strange the whole national debate over illegal immigration has become.
As you’ve probably heard, Arizona Gov. Janet Napolitano on Monday vetoed HB2807, which would have required local police and sheriff’s offices to develop policies for working with the federal government to identify and deport illegal immigrants. The bill encouraged local law enforcement to receive federal immigration enforcement training, generally referred to as the 287(g) program. Napolitano said in her veto message that HB2807 guaranteed the state would pay for such training if the federal government didn’t, which could have cost $100 million when the state faces a multi-billion dollar budget shortfall.
But Napolitano long has been once of those leaders who argue immigration enforcement should be solely a federal requirement and local police should focus on preventing or solving state and local crimes. The governor probably took some solace from comments offered Sunday by Christopher Christie, the U.S. attorney for New Jersey. Christie pointed out that simply being in the United States without permission is a violation of federal law, but not a crime.
Such immigrants caught in the United States are allowed to be detained only long enough for their status to be confirmed, and then they must be deported as soon as possible. Christie has gotten a lot of criticism from people who want stricter immigration enforcement at all levels, and don’t really care what the law actually says.
Ironically, last year, New Jersey State Attorney General Anne Milgram ordered all police agencies in her state to check the immigration status of everyone charged with a state felony or DUI. That’s Christie standing next Milgram at the August news conference during which she announced the immigration enforcement policy that’s similar to what HB2807 would have required.
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“Christie pointed out that simply being in the United States without permission is a violation of federal law, but not a crime.”
An interesting statement by someone who is suposed to uphold the laws of the land.
Dictionary version of crime: Illegal Act, an action prohibited by law or a failure to act as required by law.
How is it possible to violate federal law without committing a crime?
Actually, the word ‘crime’ implies more than just failure to comply with the law. As Webster’s explains,
“Note: Crimes, in the English common law, are grave offenses which were originally capitally punished (murder, rape, robbery, arson, burglary, and larceny), as distinguished from misdemeanors, which are offenses of a lighter grade.”
In modern American parlance, a violation of the law becomes a crime when one possible punishment is to be sentenced to jail or prison. Federal law only recognizes felony crimes. Those offenses that would be treated as misdemeanors in state courts are considered administrative or civil violations for federal purposes.
Illegal immigration is a little odd in that suspects can be detained while the courts figure out if that person really is in the country without permission. But such people are supposed to be deported just as soon as the court confirms that. That’s why first-time offenders are offered a chance to waive their right to court and immediately are escorted across the border. It saves the taxpayers money and the end result is the same.
Fight Americans fight.
Nappy is on her way (or so she thinks she is) to bigger and better things when Obama becomes President! NOT! She has lost all respect from legal Arizonans!
Clinton, Obama, McCain - NONE OF THE ABOVE
Joe is right. Get her out. Get mayor Phil out. Get Gascon out. I personally would like to have these three investigated. something’s not right in this state. Write, email, fax and call your gov officials and let them know your disgust! Remember, they work for the AMERICAN people. Remember us?
What the writer reports is actually true. It has been repeated by fommer federal prosecutor, Rudy Giuliani as well as a Kansas appealate judge in the case of Nicolas Martinez(?) vs Kansas.
Former Congressman Jim Kolbe said the same on Fox “News” O’Reilly factor.
Jaywalking and parking infractions are both illegal, however, they are not CRIMINAL either!
Frankly, I must admit that this is indicative of just how messed up the current immigration system really is…and I hope and pray for LEGALIZATION of the bulk (felons excluded) of the undocumented in 2009, after Barack Obama is elected US President and the democrats expand their Congressional majority.
oj found innocent of murdering hiw wife and her friend…but was found guilty in civil court and ordered to pay millions…..same should hold true for illegals; make them all pay their $5,000 fine for each time they crossed the border, plus thus who helped smuggle family members through bribes to cayotes should be jailed and fined for human smuggling….and start charging governors like Gov. Janet Napolitano with aiding and abetting illegals or withold their federal funding for road projects til they aid in fight to secure our border!! that or she=Gov. Janet Napolitano should call out state guard to the border….(better yet the idiots in Az. need to stop re-electing her…oh wait “anchor babies” make up big voting block in Az….more the reason to get a handle on the illegal alien problem “now”….fine employers and illegals and deport the invaders!
14th Amendment of the United States Constitution;
“ALL persons born or naturalized in the United States, and subject to the jurisdiction therof, are citizens of the United States and the state they reside in…”
Tell me minuteman, if “illegals” are NOT “subject to the jurisdiction thereof”….how can they be ILLEGAL?
And if they are NOT “subject to the jurisduction therof; does that mean they can rob a bank and be out of reach of the law?
People like YOU beat their chests and huff and puff about “the law”, except when you don’t like what the law actually says!
The laws of the land say undocumented immigrants are NOT criminals! The 14th amendment says their US born kids are birthright American citizens!
YOU want the law changed huh?
Well…so do I !
And so does John McCain, Barack Obama and Hillary Clinton!
Hold on to your seat, AMNESTY is coming!
Ppl like YOU seek to gut the 14th amendment, and if you should ever succeed (which is 100% unlikely), what will be next? The 1st amendment guarantee to free speech? The 2nd amendment right to bear arms?
And you are correct; it will not be long before BROWN ppl form such a HUGE AZ voting bloc, we cease to be a punching bag for HATE MONGERS like YOU and your ilk!
Time is on OUR side…
And next time minuteman;
WIN the Governors election!
We are born in the World, and not in a country, in the present World.
Today, we are so much interdependent, that if “someone from the 12-millions discriminate(due to the incomplete immigration status) invent or, discover a big things, as they are the most struggling & suffering peoples of the World”, then the U.S.A. would alone not share it, but the whole World.
To do a Job, to make an effort, we would not carry a Bar(by the Birth-place), in the today’s World.
We are born in the World.
We would work & live in the World.
Struggle for the Existances.
Survival for the Fittest.
World would be opened for the Good Workers. World would have Strict Immiigration Laws, only, for the Criminals(thiefs, docoits, shop-lifters, murderers, killers, rapists, drug-dealers, weapon-dealers, terrorists, religious-jihadists, hypocrat & orthodox patriots from the other countries).
World would have Work-Permits and the Permanent Residency-Permits, for the all World-Citizens, who are not at all Criminals, (but the Hard-working , responssible, innocent, peoples, who are responssible & obedient to the Worldism, or, the United Nations)!
The Educated Professionals, or, the hard-working unskilled peoples, (who have no such big criminal records) would be allowed to work & live in any country of the World(under the United Nations), as long as they are non-criminal(and respectful to the country in concern, under the United Nations). It would not wait for the Immigration Status(or, how those innocent workers, or, the educated professionals would have entered or, exit the country in concern, under the one United Nations).
Free-mixing, Free-movements, through the Borders(of the countries, under the One United Nations), of the non-criminal Educated Professionals(or, for the hard-working non-skilled-workers) would be “a non criminal activities, by the U.N., or, by the U.S.-Govt.”.
This would bring the One-World-Integrity, faster, (making one country-peoples responssible & working for the other country peoples); this would benifit tremendously, the all good peoples of the World, round the World.
It is frustrating, that we are, unfortunately, far away, from “that better futuristic potential prospective status of the World”.
The Inventions & Discoveries, (which make a society or, the whole Human Civillization of the World, moving forward, faster), does not need the Birth-Certificate advantages.
It is scientific, “not to use the Birth-place privillages” but “to put someones in the real , tough, World-Competitions, to make him/her all weathered, real genuine super-star”.
Immigration-privilledges to someone, make those less complete or, less potential.
Open World Competitions(without any discriminations), in all countries of the World, would “create better workers, scientists, discoverers, engineers, doctors, etc., to make us in a better World”.
At the last Oil was not made by Saddam, that only Saddam’s Authority would dominate the Natural-Resources, like Oil.
All Natural Resources, are honestly & religiously, the Resources of the “World’s all non-criminal hard-working Workers”.
It is the most modern Wisdom to carry & respect, alongwith “the United Nations and the Powerful Worldism”, by the all World Citizens of the World.
We would not stop in the Country.
We would share the World, as 100%, as we have born in the World(or, as we are not criminals).
We would share the “whole World’s Natural Resources, ratonally, to get & enjoy more”.
We are born in the World.
If we are not Criminals, then “we would must be authorized to work, live, travel through the country-borders, without any checks, till we remain as the non-criminals”.
This would reduce the crimes in the World.
This reduce our enemies.
This would increase our friends, prospects, earnings.
This would give us more Scientific Inventions & Discoveries, round the World, for the Good Of us.
We are born in the World(and not in the Coumtry).
We would work for the World9and not for a country).
We would not leave someone, as our enemey, in another country, (by deporting him/her, from our COUNTRY).
Respects & friendships, create respects & friendships, for you or, anyone.
We would not focuss, what is our birth-country.
We would focuss that we are born in the One Advancing & Unified World, to share iit all, rationally, by the Works(without discriminations).
We would work to build & share the One Advanced & Open World, for the all non-criminal World Citizens.
Deportations would be “an illegal-item, or, a crime, in the today’s interdependent World”, by the United Nations.
The U.N. would must prohibit the Deportations(on the non-criminal working & responssible foreign-workers), to make this World, safer & growing faster.
Already busy foreign-workers(who are not a liabilities on the Destinatiion country) would not be Deported, from a country(on the excuses of the Immigration-issues), if the foreign-worker had already worked & lived in the country(concerned), for more than the last 4-years, continuously, without committing, any serious crimes, whatso-ever.
This would better be an Urgent Notice(to follow), by the all countries’ Govts., as soon as possible, by the United Nations.
Except, on a hard-core Criminal, “the deportations(of any workers) would must be prohibited, now, on the non-criminal World -Citizens, in any country for the World”!
We are born in the World, “to live & grow, in the One World”!
Paul makes a good point, but misses a subtle distinction. The federal statute he is referring to is generally interpreted to apply to someone discovered physically near a foreign border (Canada or Mexico). As I understand it, illegal immigrants discovered somewhere else in the U.S. are treated as a civil matter unless they’ve also committed some other offense.
I would add that most U.S. attorneys don’t even file charges on a first offense caught by the Border Patrol or Customs, as long as the immigrant voluntarily agrees to deportation. I understand that attitude has changed in some places (particularly in Texas) because Justice needs that first conviction in order to go for the felony charges if someone is caught illegally in the country for a second time.