Draft old people

IsrAmeriPrius · Oct 17, 2006

Here is the language for the United States Department of Justice Criminal Resource Manual for its prosecutors:

1911 8 U.S.C. Â§ 1325 -- Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud

Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. Â§ 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.

Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

USDOJ - Criminal Resource Manual 1911[/b]
Click to expand...

Contrast that with the following:

1912 8 U.S.C. Â§ 1326 -- Reentry After Deportation (Removal)

After the amendments made by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), subsection 1326(a) now makes it an offense for any alien who has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation or removal is outstanding and thereafter enters, attempts to enter, or is at any time found in the United States, unless prior to the alien's reembarkation at a place outside the United States or his application from foreign contiguous territory, the Attorney General has expressly consented to such alien's for admission, or such alien shall establish that he was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act.

The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both. However, with regard to an alien whose "removal" was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the statutory maximum term of imprisonment is 10 years. Moreover, if deportation was subsequent to conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years.

Although subsection 1326(a) now refers to any alien who has been "denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation, or removal is outstanding," subsections 1326(b)(1) and (b)(2), relating to aliens with prior criminal convictions, refer only to aliens "whose removal was subsequent to a conviction." Read together, subsections 1326 (a) and (b) appear to suggest that the term "removal" in subsections 1326(b)(1) and (b)(2) includes the terms "denied admission," "excluded ," "deported," "removed," and "departed the United States while an order of exclusion, deportation, or removal is outstanding," as set forth in subsection 1326(a). Section 309(d) of the IIRIRA seems to support this conclusion, providing "any reference in law to an order of exclusion and deportation or an order of deportation." Nevertheless, 8 U.S.C. Â§ 1326 does not define "removal," nor does do subsections 1326(b)(1) and (2) specifically provide that removal is synonymous with "denied admission," "excluded ," "deported," and "departed the United States while an order of exclusion, deportation, or removal is outstanding." In view of this apparent uncertainty, some United States Attorneys expressed concern that, for example, that a criminal alien prosecuted under Â§ 1326(b) might argue that he is not subject to enhanced punishment because he had been "deported," not "removed."

To foreclose possible litigation in this area, the Department is considering proposing a technical amendment whereby the language in subsections 1326(b)(1) and (2) would track the language in subsection 1326(a).

COMMENT: Further discussion of reentry after deportation offenses is set forth in Chapter 5 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

USDOJ- Criminal Resource Manual 1912[/b]
Click to expand...

As I have been saying all along. It is only a crime (as opposed to an illegality) to re-enter the United States without a visa after being deported.

dragonfly · Oct 17, 2006

<div class='quotetop'>QUOTE(IsrAmeriPrius @ Oct 17 2006, 05:49 PM) [snapback]334225[/snapback]</div>

Here is the language for the United States Department of Justice Criminal Resource Manual for its prosecutors:
[/b]
Click to expand...

What this is saying is that parts ( a ), ( c ), and ( d ), which are all criminal offenses were already there in the Code, and part ( b ), the civil offense part, was added by the IIRIRA.

Contrast that with the following:
[/b]
Click to expand...

This part addresses deportation, and doesn't help to clarify things.

As I have been saying all along. It is only a crime (as opposed to an illegality) to re-enter the United States without a visa after being deported.
[/b]
Click to expand...

Well I hope you're right but I just don't read it that way.

dragonfly · Oct 17, 2006

<div class='quotetop'>QUOTE(IsrAmeriPrius @ Oct 17 2006, 05:29 PM) [snapback]334215[/snapback]</div>

Do you have legal training?
[/b]
Click to expand...

No.

I do.

I am the one who first posted this U.S. Code section. I had it formatted correctly.

Perhaps if you were to read the titles of the sections, it will help you understand how the code section is structured.

Section (a) describes the conduct (plus the punishment for the one type of conduct that carries an extra punishment. Please notice how the punishments prescribed in subsection (3) are contained in the same sentence as the conduct that is proscribed by that section. If those criminal sanctions were to apply to the conduct proscribed in subsections (1) and (2) the punishment will be described in a new sentence if not a new paragraph):
Section (B) describes the punishment:
[/b]
Click to expand...

Section ( a ) describes the conduct and the punishment for ( a ). Section ( b ) describes the conduct and punishment for ( b ), and so forth.
(Section ( a ) contains a single, complete sentence.)

It certainly is possible that my lack of training in the field has led me to mis-read things though.

Draft old people

IsrAmeriPrius Progressive Member

dragonfly New Member

dragonfly New Member

About PriusChat

Quick Navigation

Like us on Facebook

Buy us a beer!

Useful Searches

Draft old people

IsrAmeriPrius Progressive Member

dragonfly New Member

dragonfly New Member