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

[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!