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  •  8 USC 1325 (1+ / 0-)
    Recommended by:
    Dr Swig Mcjigger

    Crossing the border might be a violation, but not if there is no one there to ask, which is very common in many places.

    8 USC 1325

    (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

    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 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

    The facts are that Jose Antonio Vargas would have had to have committed both fraud and perjury to obtain his job at the Washington Post.

    In addition the facts are that Jose Antonio Vargas was pulled over last October in Minnesota, he had a fraudulent license in his possession, yet he was released.

    But that's okay because last night the President told us it wasn't about 'working hard and following the rules (i.e. the law)' anymore, now it's about 'working hard and meet[ing] your responsibilities'.

    I won't be coming home tonight, my generation will put it right - Genesis 9:3

    by superscalar on Wed Feb 13, 2013 at 01:32:28 PM PST

    [ Parent ]

    •  So what would you do? (3+ / 0-)
      Recommended by:
      twigg, Deep Texan, earicicle

      He's lived here nearly his entire life. By all accounts, he's a model citizen. So, what would you do with him?

    •  That code doesn't cover (1+ / 0-)
      Recommended by:
      Deep Texan

      the situation where you arrive at an un-manned border crossing.

      I don't know how common they are any more, but the northern border used to be full of holes.

      Crossing into the UK is often un-manned, as are many crossings throughout Europe. Sometimes you have to show a Passport, other times not.

      I wasn't commenting on the Vargas situation, merely differentiating between immigration and criminal law.

      I hope that the quality of debate will improve,
      but I fear we will remain Democrats.

      Who is twigg?

      by twigg on Wed Feb 13, 2013 at 01:40:29 PM PST

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    •  Also ... (1+ / 0-)
      Recommended by:
      Deep Texan

      There are many thousands of miles of coastline where you can, and many people do, arrive unannounced.

      There are rules about that but I forget all the details.

      You are supposed to go find someone to report to, and remain within twenty miles of the coast until you do.

      It may have changed since last time I looked.

      I hope that the quality of debate will improve,
      but I fear we will remain Democrats.

      Who is twigg?

      by twigg on Wed Feb 13, 2013 at 01:42:56 PM PST

      [ Parent ]

    •  Not so sure about your conclusions, Superscalar. (1+ / 0-)
      Recommended by:

      Thanks for including federal law in your post.  When you read the statute, though, all three subsections require an affirmative act to be proved.  Merely being in the USA does not establish guilt under the statute.  

      As to the WAPO gig, what crime did Mr. Vargas commit?  Are you certain he was required to state that he was a US citizen? And even if he lied and stated that he was a US citizen, what crime was committed?  Sure, he was deceptive, even fraudulent, but that does NOT make a case of criminal fraud, which under virtually every state in the union requires more than a single deceptive or fraudulent act to establish criminal fraud.

      I don't know about the drivers license issue in MN to comment.  Maybe you're right, or not.

      What we have here is Mr.Vargas as a conspicuous lightning rod on the immigration issue.  Sure, he can detained and deported.  He seems to be daring ICE to take action, yet he seems willing sto accept the consequences.  I think he's one brave dude.

      I hope others weigh in on this.  I'm hardly an expert on immigration law, so please help me out.

    •  So, when he was 17, and discovered his (3+ / 0-)
      Recommended by:
      kmoore61, ZenTrainer, AoT

      undocumented status, he should have returned to the Phillipines, gotten whatever higher education he could get there, and then gotten in line to emigrate to the US ?

      Seriously ?


      Torture is ALWAYS wrong, no matter who is inflicting it on whom.

      by Chacounne on Sat Feb 16, 2013 at 10:07:57 PM PST

      [ Parent ]

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