Thanks for the informative article. I do have a question, as I'm not involved in law at all. If an individual enters our country (or most any other, I assume) without a passport, visa or immigration documents, is that not unlawful? Shouldn't that be reason for arrest or detention?
Illegal entry can be a crime if prosecuted, but then there would be a criminal conviction. It also can be a ground for detaining someone if apprehended at the border. But nearly all of the people detained in southern Nevada were detained in Nevada or nearby. states these are not border apprehensions in most cases. And public rhetoric of the Trump Administration Is to imply that most of what ICE does is arrest, dangerous criminals. The data does not back that up or come even close.
As i was raised, wrong is wrong. If it's illegal, it's a crime whether it's prosecuted or not. That's like saying driving 20 miles over the posted speed limit isn't a crime if I'm not caught. Parties aside, if our society would be steadfast in doing what is right and just, rather than seeing what we can get away with, we wouldn't have the issues that we face.
I guess I have two disagreements. One is that minor civil infractions should be kept in perspective. Installing a water heater without a permit, for instance. Or hiring an unlicensed handyman. I know a lot of people who have done those things with their homes. Should their homes be torn down? Should they be arrested and detained for months? Those are not crimes, they are civil matters, same as being unlawfully present in the US. I don’t think their houses should be torn down for those infractions. And I think when people are out of compliance with immigration laws - which are exceedingly difficult to comply with - we should not destroy lives or communities. The other disagreement is that history is pretty clear that law sometimes is not right or just. That’s a bad situation and it’s our job as citizens to push the law to be more just. I think that is the situation with immigration. Respectfully.
I don't see any disrespect, Michael. I asked a question and you're trying to answer it. Thank you for that. Again, I have no background in law. I think that civil has to do with disagreements between individuals and criminal between the government and a group/individual. If that's a correct understanding, then illegal immigration and your water heater example (if there is a law/ordinance pertaining to it) should both fall under criminal, since the government would be enforcing its law.
Legally that’s not quite right. Most of immigration law is part of administrative law, similar to environmental law, security and telecommunication regulation and many other subjects. Criminal law is only one part of the law that governs the relationship of government to the people. I used the example of building codes. That’s also an area of administrative law.
Hi Michael -
Thanks for the informative article. I do have a question, as I'm not involved in law at all. If an individual enters our country (or most any other, I assume) without a passport, visa or immigration documents, is that not unlawful? Shouldn't that be reason for arrest or detention?
Illegal entry can be a crime if prosecuted, but then there would be a criminal conviction. It also can be a ground for detaining someone if apprehended at the border. But nearly all of the people detained in southern Nevada were detained in Nevada or nearby. states these are not border apprehensions in most cases. And public rhetoric of the Trump Administration Is to imply that most of what ICE does is arrest, dangerous criminals. The data does not back that up or come even close.
As i was raised, wrong is wrong. If it's illegal, it's a crime whether it's prosecuted or not. That's like saying driving 20 miles over the posted speed limit isn't a crime if I'm not caught. Parties aside, if our society would be steadfast in doing what is right and just, rather than seeing what we can get away with, we wouldn't have the issues that we face.
I guess I have two disagreements. One is that minor civil infractions should be kept in perspective. Installing a water heater without a permit, for instance. Or hiring an unlicensed handyman. I know a lot of people who have done those things with their homes. Should their homes be torn down? Should they be arrested and detained for months? Those are not crimes, they are civil matters, same as being unlawfully present in the US. I don’t think their houses should be torn down for those infractions. And I think when people are out of compliance with immigration laws - which are exceedingly difficult to comply with - we should not destroy lives or communities. The other disagreement is that history is pretty clear that law sometimes is not right or just. That’s a bad situation and it’s our job as citizens to push the law to be more just. I think that is the situation with immigration. Respectfully.
I don't see any disrespect, Michael. I asked a question and you're trying to answer it. Thank you for that. Again, I have no background in law. I think that civil has to do with disagreements between individuals and criminal between the government and a group/individual. If that's a correct understanding, then illegal immigration and your water heater example (if there is a law/ordinance pertaining to it) should both fall under criminal, since the government would be enforcing its law.
Legally that’s not quite right. Most of immigration law is part of administrative law, similar to environmental law, security and telecommunication regulation and many other subjects. Criminal law is only one part of the law that governs the relationship of government to the people. I used the example of building codes. That’s also an area of administrative law.