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Originally Posted by Platapus
Great!
This is a commonly cited law. So common that it is on wikipedia. But is this the law that is most applicable to the issue?
Ok, let's start with this law. I am not a fan of using wikipedia so let's use this as our citation
http://www.law.cornell.edu/uscode/8/...5----000-.html
This is why people are rarely prosecuted solely for being an undocumented alien. It is just too hard to prove unless the defendant confesses or they are caught on/by the boarder. The prosecutor is put in a position of proving a negative. |
Platapus,
Your logic is flawed, because to enter the country legally:
Q: What Documents Must You Present?A: A foreign national entering the U.S. is required to present a passport and valid visa issued by a U.S. Consular Official unless they are a citizen of a country eligible for the Visa Waiver Program, a lawful permanent resident of the U.S., or a citizen of Canada.
Source: http://www.cbp.gov/xp/cgov/travel/id...to_the_u_s.xml
Any visa issued is recorded - and thus can be demonstrated to exist - or in the case above - to not exist. A simple records check - did Mr. Juan Gonzales get issues a visa? Yes or no? US Consul's do not just hand out these documents without there being a paper trail. After all, if they didn't have a paper trail, they couldn't look up someone's immigration status, now could they?
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So I ask everyone’s help in my research. I would really like to find a federal statute that we can cite that would make the presence of a person inside the US without documentation a crime. Section 1325 is focused on the entry.
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Simple - you cannot BE present legally in a location if you did not gain entry to that location in a legal manner.
Lets say you put up no trespassing signs in your yard all around your house. On day, you go to the store and when you get back, you enter your home to find me sitting at your table, drinking and eating stuff from your fridge. By your logic - if you don't have no trespassing signs posted in every room in your house, I could LEGALLY be in any rooms that don't have the sign - as long as I am not caught sneaking into it! Maybe I flew down the chimney - or if thats illegal - maybe I teleported in or used a star trek transporter. After all - my mere presence does not - using your logic - prove any illegal action actually occured. My presence does not show any violation of the trespass borders you posted.
Now if your ok with that, fine. But I assure you - most of the people who live in a free society are not. Seriously - I know your smarter than this though.