There's an ongoing argument about the separation of children from parents of illegal aliens apprehended coming over the border. The Trump administration blames long existing law for this happening. The Democrats and their media allies say it is all just a horrible new policy put in place by the Trump administration. Who is right? It's worth knowing.
There are two relevant statutes:
Section 275(a) of the Immigration and Naturalization Act (8 USC 1325(a)) states:
(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, 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, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.
Let's stop here for a moment. An alien who enters the US other than at the time or place set by the immigration officers is guilty of a criminal offense punishable by at least a fine or six months in prison. The law doesn't say that the government can decide whether or not to prosecute; it says the illegal alien is guilty of a crime. Often, the government decides not to prosecute a possible criminal, but that is normally because the evidence is not strong enough to get a conviction. If a person commits murder, theft or arson, the government doesn't normally decide not to prosecute unless it cannot prove the guilt of the accused. It's not normally an optional matter.
Under president Obama, the government generally did not prosecute those who entered the country illegally. In other words, the Obama administration ignored the law. Some months back, Attorney General Jeff Sessions announced that moving forward, the government would follow the legal requirements and would prosecute those who enter the country illegally.
For what it's worth, this statute was first passed by a Democrat Congress and signed into law by Harry Truman about 70 years ago.
The second statute is the long-standing requirement that children cannot be kept with parents who are arrested and put in prison. That's a pretty obvious rule. If a person gets arrested, it would be crazy to put his or her son or daughter in prison so that the family could stay together. In fact, putting the kids into the prison with the parents would be unconstitutional; the government has no right to incarcerate someone (like a child) who has not been accused of a crime.
This means that a long standing law (which Obama ignored) requires that the illegals be arrested. It also means that the children have to be placed elsewhere.
If the Democrats and their media allies don't want this to happen, all they have to do is stop blocking immigration reform and change the law. Of course, that won't happen because the Democrats want a political issue. They are not interested in actually changing the law. They would rather complain than fix the problem.
There are two relevant statutes:
Section 275(a) of the Immigration and Naturalization Act (8 USC 1325(a)) states:
(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, 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, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.
Let's stop here for a moment. An alien who enters the US other than at the time or place set by the immigration officers is guilty of a criminal offense punishable by at least a fine or six months in prison. The law doesn't say that the government can decide whether or not to prosecute; it says the illegal alien is guilty of a crime. Often, the government decides not to prosecute a possible criminal, but that is normally because the evidence is not strong enough to get a conviction. If a person commits murder, theft or arson, the government doesn't normally decide not to prosecute unless it cannot prove the guilt of the accused. It's not normally an optional matter.
Under president Obama, the government generally did not prosecute those who entered the country illegally. In other words, the Obama administration ignored the law. Some months back, Attorney General Jeff Sessions announced that moving forward, the government would follow the legal requirements and would prosecute those who enter the country illegally.
For what it's worth, this statute was first passed by a Democrat Congress and signed into law by Harry Truman about 70 years ago.
The second statute is the long-standing requirement that children cannot be kept with parents who are arrested and put in prison. That's a pretty obvious rule. If a person gets arrested, it would be crazy to put his or her son or daughter in prison so that the family could stay together. In fact, putting the kids into the prison with the parents would be unconstitutional; the government has no right to incarcerate someone (like a child) who has not been accused of a crime.
This means that a long standing law (which Obama ignored) requires that the illegals be arrested. It also means that the children have to be placed elsewhere.
If the Democrats and their media allies don't want this to happen, all they have to do is stop blocking immigration reform and change the law. Of course, that won't happen because the Democrats want a political issue. They are not interested in actually changing the law. They would rather complain than fix the problem.
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