Being in the United States Illegally is not a Crime, so Says the Kansas Court of Appeals
According to this article a Kansas court has ruled that just being in the United States ILLEGALLY is not a crime. If you are in the country illegally, how can it not be a crime? Maybe I am a retard as quantumd suggests in his comments on a couple of my previous posts, maybe I have low reading comprehension skills as he also suggests, but I thought illegal meant illegal, and if you did something illegal it was a crime. What am I missing here? Quantumd, please enlighten me, I would send you a trackback, but you leave me no link. Okay, to hell with quantumd, now on to an important subject.
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.
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.
Okay, I am going to try and make sense of that last opinion. The court said that “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.” So why then would someone have been previously deported if it’s not a crime to STAY here illegally? If I read this correctly, and as quantumd has pointed out to me, I may not be, you must catch the person as he is entering the country illegally in order to deport him/her. If they get past the guards ILLEGALLY they can stay here ILLEGALLY LEGALLY.
So there you have it, you can stay here illegally legally as long as you don’t get caught legally while you are illegally entering the country. Once you enter the country illegally you are no longer illegal.
It makes sense to me, if it doesn’t make sense to you, you must be a bigot. Or a retard, right quantumd.
America's Watchtower 
They call me a racist, Facsit, NAZI… Is that close?? 😕
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It sounds like a catch 22 to me, which is something the left (with the help of the ACLU et al.) have become experts at exploiting. After all, when the law was written I would think that the authors made the mistake of assuming that people would take a logical and realistic view of things. Probably not a smart thing to do, but who would have ever thought that it would come to this? Who could have guessed that people would exploit the wording of a law that says that it’s illegal to enter the country but once here, it’s not explicitly illegal? That would be like saying that it is illegal for somebody to break into your home, but if the police don’t catch them in the act and they’re already inside your home, then they’re helpless to do anything about it.
Have we really reached the point where common sense means nothing?? Unless something is explicitly defined, it is not upheld? Oy, where to even start with this one…
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It’s remarkable how the left is able to see something as simple this and manage to manipulate it to their own views. You can never assume anything with the left. I suppose eveything needs to be in writing or it can be twisted however they want.
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It kind of sounds like some under-age smoking laws, i.e. it’s illegal to BUY cigarettes if you’re under 18, but it’s not illegal to SMOKE cigarettes if you’re under 18.
But I’m soft on immigration. I think America’s freedom is meant to be shared. And if people are lucky enough to escape tyranny and find a new way of life here, I say God bless ’em! Just like our own ancestors before us.
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I don’t have a problem with immigrants either. If someone comes here legally I wish them all the best. I just want them to get in line with everyone else and follow the procedure to become a citizen.
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I have no problem with legal immigrants who come here the right way… But they also need to go a tep beyond that and assimilate and BECOME Americans.
This was painfully evident the other day out here when a woman was raped in the hallway of a Somali-dominated apartment complex. Security video showed at least 10 of them opened their doors or walked past, saw what was happening and did nothing… Why? Because a) their culture doesn’t put much importance on what happens to women and b) Somali’s don’t like police so will not call them etc…
These are legal Somali immigrants too. They just refuse to assimilate.
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If we all agree that immigration or immigrants themselves are not the problem, then why must we advocate for U.S. policies that create lines and cause the legal immigration process to be so slow in the first place?
I hear about the “illegal” Chinese women that flee Red China to save their babies’ lives, yet the U.S. sometimes ships them back to endure forced abortions and other human rights violations. It really kills my patriotic spirit when I hear other similar stories such as when people are sent back to endure religious persecution also. Sometimes those people are executed.
If we are so concerned about “illegal” immigration, the easiest fix is to change the law. We really need to reform the legal immigration system to make it faster and more efficient because telling someone to “get in line” is sometimes just a death sentence.
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Yeah, but everything needs to be tempered with reason and limitations. We can’t just have a free for all. We already have too much of a free for all, and its causing big problems in this country. Illegal immigrants aside, legal immigrants aren’t even putting forth the effort to become American citizens, and we’re not forcing them like we should.
Read my latest post. It’s a perfect example of legal immigration run amok and gone horribly bad.
There needs to be lines and borders. America needs to retain its sovereignty and you can’t do that with lax immigration policies. The answer to illegal immigration is not more legal immigration. Sorry, it just doesn’t work like that. It’s CAN’T work like that.
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Immigration (legal or not) is hardly the basis of America’s larger problems: http://oldfordroad.wordpress.com/2007/05/11/christian-compassionate-conservative-response-to-immigration/
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