KS appeals court: Illegal immigrants aren't necessarily criminals

From The Eagle:

While unauthorized entry into the United States is illegal, being in the country after having entered illegally is not necessarily a crime, according to a new ruling by the Kansas Court of Appeals.

In a Barton County case, a three-judge panel issued an opinion Friday that a judge could not deny probation and order jail time for convicted drug dealer Nicholas L. Martinez based solely on the grounds that Martinez is an unauthorized immigrant.

"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 and has again entered this country illegally," Judge Patrick McAnany wrote for the court majority.

Martinez pleaded guilty to cocaine possession and to endangering a child because he had his son take drugs to an undercover officer. The sentencing guidelines call for probation, but the district judge wanted a year in jail because the defendant is an illegal immigrant. The appeals court has now overruled the judge.

Tony's Kansas City weighs in here.

Comments

[Ash]

That's just a whole bunch of b.s.

[Jonathan]

Ok, Am I missing something here? He broke the law by illegally entering the country, but by staying here once he illegally entered, the original crime of entering illegally goes away? So if I trespass, but then stay at the person's house, am I no longer trespassing? Is the statute of limitations 15 mins on illegally entering the country?

[Patty PV]

Or, it's not illegal until they hijack a plane and fly it into a building.

[cooper1178]

I'm sorry, I think I also missed something. Why is he not being deported? I don't want him in jail either, living under the roof and eating the food that my tax dollars pay for. GTF out of my country.

[J]

Cooper its ok

besides if there here Illegal does that not make them a CRIMINAL already?

[Onetime]

why can't they just go to Canada instead, geeez.

[Thunderson]

Kansas: Leading the way in stupidity. They are here illegally. They are doing something illegal, therefore they are criminals. I don't care if they've been here 5 minutes or 5 years.

having your child sell drugs for you doesnt warrent prison time without other charges? the law isnt necessarily bad, you want illegals out of the country, not in its prisons, but youd think the endangering a minor might be a more serious offense.

[don miguel]

Amazingly ignorant....with frightening implications!

[Uncle Sam]

Way to go Kansas! Once again leading the way in outdated ideology. But what do you expect from those who don't believe in Evolution.

[kaye]

This is another reason why judges should not be automatically retained (unless specifically voted out.) I can't think of any judge ever being booted out, and they are handpicked by a pack of political cronies.

[Nick]

As much as I hate to say it. It isn't the courts fault they ruled the way they did. Blame your so called representatives in Congress. Read USC 1325 and 1326 then place the blame where it is due.
You will find blame goes to virtually every democrat and half the republican representation we have in Washington.
Find out where your own representatives stand on the issue and post your comments directly in their mail box.
It's the only weapon we have and it is the only one that will work, because almost to a man, they want open borders for illegals.

[CRD]

Accords w/ precedent. From the article above:

"McAnany cited a 1958 U.S. Supreme Court decision and a 1979 ruling by the U.S. 9th Circuit Court of Appeals, both of which separated the act of entering the country from the act of being in the country.

"Entry is limited to a particular locality and hardly suggests continuity," the Supreme Court ruling said."

[Grumpy Grandpa]

It is time to remove the "automatic" citizenship for children born to parents that are here illeagly. If both parents are illeagle, or if the mother can't produce a father that is here leagly then the child (read as the reason the mother should not be deported) should be sent back with the mother.

[Jim]

without illegal in this country. everything will go up 150%.:)

[Sasquach]

What everyone here seems to have missed is that a huge number of illegal immigrants enter the country legally and then remain in the country longer than they were authorized to, or perform actions (such as working without a visa) that they are not authorized to.

So, to answer several of your questions, no; just because he is an illegal immigrant does not mean he broke the law when he entered the country, and apperantly first time offender illegal immigrants are not committing a crime just by being here.

[Gary]

Okay - so if I rob a bank - I will be breaking the law - but - after I get away with it - I am in the free and clear because it's not againist the law for bank robbers to be freely moving around and then breaking other laws???? (insert any crime you want with a comparison)....

[rhonda]

So, Gary, I guess you never attended law school? Just a hunch.

[RGINKC]

We must truly be a laughing stock for the rest of the world. Grandmothers can no longer carry knitting needles or small scissors on an airplane, only limited amounts of toothpaste, shampoo, and lotion. Take those shoes off, you might be concealing weapons!

All of this, and people literally walk across our borders each and every day. Is anyone so dumb to think that a terrorist would not enter into this country by going to Mexico first and then walking through, weapons in hand?

I support immigration into this country, and think that everyone who wants to should be allowed the chance. Providing of course they enter through a legal means where they are documented.

If you are here illegaly, no matter for how long, you should be deported and re-enter through a legal means.

[kaye]

Thanks RGINKC, you're right. A terrorist could walk across a border, then get on a bus and criss cross the nation. All without ID and with no security checks.

[DangerousMind]

It's time to round up everyone who feels disgruntled, dissatisfied, and disgraced by the United States and the way we conduct our affairs (this goes for most democrats, many republicans, and all the uninvolved complainers) and march them, under armed guard, to the mexican border and tell them to scram. Or ship them to the shores of cuba or haiti or trinidad and kick them off the boat in waist-deep water and wish them good luck. Obviously, all the illegal immigrants are willing to sacrifice everything to be in America and work at crappy little jobs none of the natural-born effettes in this country are prepared to take on, so allow the illegal entrants to stay as a trade off for all the U.S.-born blighters and complainers. America: Love it or GET THE HELL OUT!!

[KC Cicero]

I guess (& thank God that) spelling in English is not a qualification for citizenship.

Let's try a bit of history:

Having stolen half their country fair & square -- with better generals and guns -- we are now shocked that Mexicans seem to think that they can just walk into areas that were part of Mexico for most of their history since Cortez. How silly! It's like those pesky Injuns that want to set up casinos.

We cannot deal with illegal immigration because the two political parties have diametrically opposed agendas. Repubs want cheap, male-only labor to come here when wanted and leave when convenient -- to undercut the cost of labor in the US for those jobs they cannot figure a way to outsource to countries with low wages and no labor or environmental "issues" -- like roofing, etc. (It's hard to send a roof to India to get redone.) They sure don't think the US has a shortage of color in our population.

Dems don't want that. They only want to let families -- especially of those who have been here long term -- stay united. Silly sentimentalists think Mexicans are just like Italians, Germans & Irish. (Ever heard of the St. Patrick's Brigade?)

Greed and humanitarianism tried to compromise, and it failed We did not get an immigration bill this time because the racist Repubs trumped the greedy Repubs and the labor Dems trumped the justice Dems.

[Sasquach]

Who says they have to walk? You do realize that there are thousands upon thousands of miles of U.S. coastline that someone could just ride up to on a small boat, egress, and disappear, all with no conceviable way to protect every point of entry.

If the terrorists want in, they will find a way in. The condition of the U.S./Mexico boarder has very little to do with that. Although I do think it's a little funny that some people think all you have to say is 9/11 and people say "how high?"

Oops, I think I just helped the terrorists win a little bit.

[StayClassyKansasCity]

The Supreme Court needs a term limit, senility has been ruling our law for too long. Sometimes I just want to move to Canada.

[David]

Check out what nice people these immigrants are, and decide for yourself what a fair price for lettuce should be. I'm willing to pay more/ do without. I mean, damn.
http://www.nj.com/news/index.ssf/2007/08/noon_edition_schoolyard_shooti.html

[newbie]

Why wasn't he detained for INS when it was found he was an illegal immigrant? Why can't those who hire and house illegal immigrants be punished for doing so? They do raids at employers and detain and deport illegals, why didn't the employer get fined?

If we make it a crime to do these things wouldn't it deter the problem? If it is "ok" to be an illegal immigrant in the eyes of the law, then why are we seeing them hiding in churches (aka Elvira) or running out the back door of employers?

Is there a double standard that I'm missing?

[Wester]

O.K. if the opposite of Pro is Con what is the opposite of Progress?

[rhonda]

Here's a pretty good editorial about deporting illegal aliens who commit crimes. Keep in mind that she's talking about violent crimes, which is different from the person that we've been discussing. The truth is that the INS cannot deport every illegal alien. It is physically impossible. There seem to be some real problems in the way they target people, however.

Baltimore sun editorial

[broncos7]

So,if I enter the country illegally to sell drugs, and have my five year old as my drug runner, it equals no jail time. But if I fight some dogs and kill the ones that don't make me money, I get a couple of years in prison. God Bless America

[Sam]

I say lets get rid of them all.
They are upsetting the natural economic balance of America.

Grumpy Grandpa, I'll take the 150% increase in everything over Illegal immigrants any day.

I like having higher pay, that lets me spend more and that keeps America strong.

The only thing Illegal immigrants are doing for us is keeping our wage levels down.
It will do nothing to keep prices from going up. Huge profits are the American way.
It will only benefit the corporate bottom line, not the family man. We need balance.

I would rather have an overpaid and over worked American doing service work than some
Underpaid and under worked dirty Illegal immigrant. The service is better with the American.

If we need immigrant workers than let them get visas.

[M. Salazar]

You are all so ignorant about the Immigration Laws. It is not so easy to come here. You have to have a large bank roll and someone here with a large bank roll. The majority of people who come here from Mexico are hard working people. They have to survive because their country does not care about them. They are not here to over throw our government. They just want to survive and help their families. If you care about yourself and your family, would you just live each day starving? No, you would not you probably would steal to survive, but these immigrants risk their lives to get here and want to work honestly. They go through a battlefield in trying to reach the U.S.

I have to give them credit and admiration.
Do not criticize these people without knowing the facts.

How many of you could go to a foreign country just for survival?

Look around and check out how many poor, lazy while women live off the illegal immigrant. Why? because they are real men who can work any hard job that hardly any one works. They value the job no matter how bad the climate or dangerous the job is. They WORK HARD and therefore, deserve fairness in this country.

Again, be sure before you tell them GTF out.

[Augusto Perez]

Entering the country illegally is a federal offense. It is a misdemeanor, if it is the first instance, but a felony on subsequent ocasions. When they arrive "legally" with a visa, like Gov. Holden's messenger who got deported a couple of years ago, obtained under false pretenses (in that case, they had liuidated assets prior to coming to "Disneyworld") are void by the act itself, soany illegals who overstay their "visas" can be considered to have obtained them under false pretense.

As to the rubish in this case, what the court should have done is notify immigration to place a hold on him and place him in probation. Let's see him make his U/A's from Mexico. He'll be considered to be fugitive and a warrant sworn out on him. The moment he comes back and gets a traffic stop, he'll be busted again and have to do his full term and be deported again.

[Jonathan]

*M. Salazar*
If they are so hard working, why do they keep taking days off work to MARCH all the time?

[Augusto Perez]

Sallyboy:

The US of A welcomestwo million legal immigrants every year. The last couple of years, we've had more illegal immigration than legal. The basic problem of the illegal is not the size of the bankroll but the size of his patience. Visas take tiem and money. Thye have no problem giving some coyote $3,000.00 to break our laws, but they have a problem playing by the rules and waiting to be screened.

From the sound of your bleating, I'm almost sure that you may give them credit, but you might pay them wages or take rent money from them. In either case, those would be federal felonies.

as to gong to a country for survival, Spain is paying people to repopulate som of their abandoned towns. That is not what the illegals want. They want U.S. jobs and wages. As they say, it is easier to ask for forgivenes, or in this case demanding amnesty, than to ask for permission.

As to the white gals that end up with illegals, I've seen them and they can keep the little heifers. Most have wider waists than hips, appear to have thrived on a diet of biscuits and gravy and sport a temper that befits a napalm bomb. Why do you think so many paisanos end up on the wrongend of domestic violence calls? Heh, heh, heh... I guess there is some justice on earth after all... The better livestock requires a bit more upkeep than a rental roof, an old SUV and a stocked pantry.

Respect is not handed out. It is earned and observing our laws, starting with the ones that govern your arrival and permanence is a good start. The moke on this case, is a piece of drug dealing trash and regardless of his status, as a felony conviction is a certain status buster, there is no redeemiing quality to justify his further permanence in this country.

[NB]

What is this immigration thing really about? xenaphobia and the slight annoyance of having to talk to people who's first language is not english? Get over it, they are a good thing for the economy and spending a lot of taxes to get rid of them is silly and impracticle.

[LibraryChic]

Just thanks good old George W.

[Wuss]

That's what happens when you take Jesus
out of immigration.

[Integrity]

This invasion from the south continues to be embraced by the courts, governement and big business. To all the private citizens who think it's fine to exploit these people, take them home with you. Pay for their housing, food, medical and educational needs rather than the tax payers. Let them drive your vehicles uninsured and without a license. Let them rape your daughters and kids. Let their drug cartels overrun your neighborhoods. Camp out with those "hard workers" from MS13. Cheap labor and cheap prices must be alright to sell this country.

For those who think otherwise, go to NumbersUSA and bombard the elected officials to uphold the laws of this land. Join Grassfire and other grassroots organizations fighting to keep our country intact. Research the SSP program our president, Mexico's president and the Canadian prime minister are working on. Check out Tom Tancredo, the best person running for president and look at his platform.

These judges are just the tip of the supidity/greed iceberg. Wise up America while we still are America!

[Elder Thomas E. Barnes]

I read several opinions upon discovery of this permitted comment; So I decided to utilize this current opportunity, because the declining moral rate of common sense, responsibilities, leaders, the lack of defining fathers and mothers, FREE SPEECH will soon be a thing of the pass (UTGR).
An example are the people that wants to be president; especially those that was asked if they beleived in prayer; They should read the bible, we did not come into existance as a result of an explosion(evolutiion), wake up people! read II chronicles 7:14.

[Lisa]

This man is not a typical illegal immigrant. I am a US citizen as is my 1 year-old daughter. Her father and my husband is an illegal immigrant and a wonderful, law-abiding person. We pay taxes, attend church, and neither of us break any laws. He also works harder than any person I know at a job that most Americans quit after a few days. He has lived here for 9 years, often working 2 jobs to help put me through nursing school. He came here to earn money for his impoverished family, something most Americans would do if they had no other option. Please let us remember our family values when discussing immigration. If these laws don't change soon, my precious daughter risks losing her father for an unknown amount of years. The majority of illegal immigrants are wonderful, beautiful, and religious people with values that mirror our own. If you knew any, your views would surely change.

[M. Salazar]

No, I do not take money from any one whether it is a U.S. citizen or a foreigner.
I am not a landlord either. We, do, however, have a lot of slum lords who charge outrageous for rat holes.

You have a problem with poor immigrants trying to better themselves, perhaps ending up better than you. Yes, they can pay a coyote a lot of money and they hope it is for a chance for a decent survival.

Those who can wait in line for a visa are those who are not in dire need of food and shelter. They can wait. Then there are those less fortunate that can not.

I wish all the white women could stand up and vouch for all the illegal men who are here helping to suppor them and taking some of the expense off from the welfare.

Yes, some illegals use our taxes for medical attention, however, what about the ones who work here and can never claim their taxes. What happens to all these unclaimed tax dollars? I never hear Uncle Sam complain about these unclaimed taxes.

I still think people as you are more racists than you admit. You see an opportunity and you take it to the limit.
You are not so concerned about our homeland safety, you just want to continue to feel
"white supremacy" is here to rule.

[Gj]

There Criminal!!!!!! Period.
Send them back Duh !!!!

[Lisa]

To Mel: I can't believe I am even responding to your racist comment, but here it goes. You are in no way paying for my child who is a LEGAL US CITIZEN. I am a US citizen as well who works full time and so does my illegal immigrant husband. We pay for our own health insurance as do other illegal immigrants I know. How dare you say my daughter has got to go. Only a truly ignorant person could say such things about a baby. I will pray for you and hope that you will one day be blessed with common sense and perhaps an education.

[Lisa]

M.Salazar. I believe you mean THEY'RE criminals. And unfortunately it is a little more complicated than that.

[Lisa]

My apologies to M.Salazar. My previous comment should have been directed to Gj.

[newbie]

I have worked with illegal immigrants. Most keep family and houses in Mexico and go back to Mexico for their vacations. They send money to Mexico to family members. They are considered rich when they go back. Some, bring more illegals across, get them jobs, have them pay rent to them. It's a sweet little deal.

So don't tell me how hard they work or how much they JUST want to have a job to feed their families. They are spending dollars earned here in Mexico which boosts THEIR economy. Not the country they were given an opportunity to make a profit...errrr...I mean living......

I want to know more of this judges background. Is it possible he didn't get his dosege of smooth medicine correct before he entered the court?

[jj]

What is wrong with our Government? You should immigrate legally or don't. If your visa runs out and your still here, your illegal. Simple, to bad our representatives are too stupid to see what it's legal Citizens really want.

[Lisa]

Newbie,
Yes most do send money back, but my husband has never been back to Mexico and even with the $250 (a very small percentage of our income) he sends to his family, they are still barely making it. We spend our hard-earned money here. We own a home and as I said before we pay taxes. I don't know how many illegal immigrants you know, but they are surely the minority.

[M. Salazar]

So, you work with some illegal immigrants.
So, they send money back home. Are you envious that they can use their hard-earned money in a very wise manner. I bet you can't.

No, I do not mean they are criminals, they are human, probably have more heart than you. You are probably more prejudice than hell. DUH!

[jj]

Why not get legal or do all the free services go away, healthcare etc. Don't talk bold, be bold be American

[Mark]

This is what's wrong with our courts and activist judges.

California voters have passed laws regarding handling of illegal immigrants.Appealed in courts

Farmers Branch, Texas and Hazleton, Pennsylvania passed laws concerning illegal immigrants apprealed in the courts.

Illegal immigrants out on bond for robbery and rape using fake identities murdered 4 college students in New Jersey.

Illegal immigrants out on bond in Portland Oregon, rape and murdered 15 year old girl.

Illegal immigrant out on bond for domestic violence , drives drunk the wrong way on a federal highway in Houston and kills a family of three.

Illegal immigrant defies tha law in Chicago and snubs deportation after being caught with false SS# is arrested and hundreds turn out to protest.

The list is endless.

The problem is that many of these liberal judges that are wealthy enough to live above the middle class don,t see that we see as the erosion of the middle class what is now turning into the soft underbelly of our society.

It is not a question of race it is a question of legality. Americans understand that to protect our way of life we must follow all laws irregardless of whether we like it or not. We follow criminal statutes and civil statutes and understand consequences.

They need to go home leave this country, and we should change immigration quotas for those that want them here so bad. In the meantime enforce the laws we have.

[J. fogarty]

You obvious racist seem to be upset and hung up on illegal entry into this country. If you are all from the U.S. why don't you act like it.

You come through as if you are angry at the world because you want to get away with crimes.

You are so envious, not so much with other illegal immigrants, as you appear to be with the Mexicans.

Why don't you try going to Mexico and try to work there and try to make yourself understood with the language barrier and see how much endurance you have. You probably will run like rabbit with rabies.

Get it over it. You appear capable of shooting at them to kill them and then cry like a baby when you stand in front of the judge.

HA HA

[JJ]

Mark, Well said !!

[Mark]

J. Fogarty,

Why do you liberals talk about race when we say illegal immigration?

Race has got nothing to do woth it.

The crimes?? Doesn't it bother you that crimes are committed by people here illegally. If it is no big deal than why did the crimes. of Willie Horton in Massachusetts cost Dukakis the election.

Your assumption that anybody who complains about illegal crimes is envious that they get away with it is sick.

Pick a crime any crime and not enforce it for all. I think I am going to start a movement not file with the IRS. iS that ok? I bet the liberal judges will enforce that.

As for going to Mexico to find work I can't it is illegal for gringos to work there. I also can't own property? Check that out. If I did go I would need to bring plenty of money for bribes and hire a bodyguard.

I also choose to stay here I guess you could call it " Democracy" we Americans have fought many wars to preserve our freedom. Our forfathers were determined to make this a country.

Cuba, Haiti, Nicaurauga,Mexico and the many others choose a corruption that send and encouage their poor people north, and those that stay are assasinated.

As for get over it, and capable of shooting them. Ha Ha Ha

I see Kansas just passed a conceal and carry law, so there must be concern about violent crime.

A Liberal is a Conservative who hasn't been mugged yet. And someone who doesn,t understand the effects of illegal immigration on America is ignorant. (Note I didn't say stupid.) So I guess you need an investor from New York to the buy the house next to you and rent it to MR Illegal and his three families.... Just funnin.

But I do hear that Fiderl Castro and Hugo Chavez want to empty their prisons again in America.Bring on those illegals!!!!!

Good Day Ha Ha ha

[dumb*ss]

"I say lets get rid of them all.
They are upsetting the natural economic balance of America."

Okay then "SAM" if you are not a Native american, then you shall be booted as well, because if you are not a full blooded Native american, you are either full or part, yes say it with me now, IMIGRANT.

And upsetting the natural economic balance of America? WTF America was built on imigration, so the only thing that it is doing is SUSTAINING the previous history of the economy. DUMB*SS

[Nick]

Why do you liberals talk about race when we say illegal immigration? - Mark

Consider it a compliment. It means they have no defensible position.

[Incredulous]

Why don't the powers that be just say it?! There pushing through a new kind of eminent domain policy except that now, instead of pushing through a highway, a dam or a railroad--without even consulting the American people--the powers that be have been and are turning an approving blind eye to an invasion of third world peoples into our country? That's the only way to explain not only the outrage this article describes, but why so many of these exploitive illegal immigrants have managed to supercede America law and, in effect, enjoy more rights than the average American citizen. What an outrage.

[Incredulous]

To Salazar: I honestly do appreciate your human approach to this problem and I certainly believe we all need the insights you provide to keep these illegal immigrants from becoming mere objects of contempt to American eyes. However, I don't believe (especially when the law is concerned) we ought to be motivated only by, (as you say) "heart." When everybody is motivated in such a way--solely by their emotions, that is, society is resting on an unstable erratic foundation. Following the law is very important. Doing so provides a stable society, so that the people can go about their business with out fear of the negative consequences and aftershocks of criminal activity and focus more on positive things like feeding and educating its people. Perhaps Mexico wouldn't be so corrupt, perhaps its people wouldn't be so strangled by the 40 or so wealthy Mexican families (the real enemies), if it simply made it a point--a real point-- of eradicating corruption within its borders and updating itself for the 21st century. When Mexico's own leaders urge their countrymen to BREAK THE LAW and illegally trespass into the U.S.A. I think we can safely say that (w/or w/out "heart") Mexico has reached a new low in its long history. Its own leaders are confessing publicly that their motivations are lawless. They want their "serfs" to invade a foreign land illegally, bilk it for all they can, and send alot of it back home. Americans know that--and many of them (for obvious reasons) are disgusted with such a thing. One other thing: Christ said in his sermon about the end: "...and with the increase of lawlessness, love will grow cold in many." Now, I don't know when the end is coming. I don't have any strong views on that. However, I do believe that without the law--and its enforcement, love does grow cold. It is difficult to express love (or a great deal of "heart") in a lawless society. Perhaps that's one reason so many Mexicans (and others) are fleeing their homelands. They ought to be sending out a message of gratitude--not entitlement, if they want appreciation. Breaking the law never has and never will endear one to the American heart--or (obviously) to the American heartland. If the common good doesn't come first, the individual will become lawless. We don't like corruption and chaos. Sure, they exist in our society, but instead of consistently cultivating such poisons we try to root them out of our institutions as soon as we detect them. Perhaps Mexico ought to do the same.

[Uncle Sam]

NB must stand for Not Bright. You do not have a clue. When one of these drunken criminal aliens kills someone in yur family you will be wetting down your leg, crying like some little girl for the government to do something about it. Instead of reading all that liberal crap you need to pick up an economics book and a tall glass of reality.

[Uncle Sam]

GJ,
I certainly need to give you credibility. You are a criminal yourself by aiding and abetting an illegal. You disrespect our country for your own personal, base motives. Your are not a real American you are a faker. You are also either ignorant or a fibber. Most illegals do not pay taxes, if they work they do so illegally ( yet another crime in this country) and often by identity thief. If you really what to deal with some insensative racist go back to Mexico, the coruption capital of sounth central America.

Adios Amiga!