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The Scuppers This is a new forum for the not necessarily fishing related topics...

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Old 05-02-2006, 12:32 PM   #1
Swimmer
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one more thing

Spence, it is a crime to cross the border. It is a misdomeanor. To say it is civil is wrong. Its just not a felony yet!

Well, two more things. A police chief in New Hampshire was upheld by the U. S. Supreme court when he arrested an illegal alien for tresspassing. The state said he couldn't do that and that decision was appealed and the state court decision was overturned and the chiefs arrest for tresspassing was determined to be valid. So it could be said that every police can uphold and enforce all laws even federal statutes, which means that every police officer can arrest aliens for being here illegally on the simple charge of tresspassing.

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Old 05-02-2006, 12:40 PM   #2
spence
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Quote:
Originally Posted by Swimmer
Spence, it is a crime to cross the border. It is a misdomeanor. To say it is civil is wrong. Its just not a felony yet!
Technically it's not a criminal offence as a that requires the offence to have a
defined punishment (or something like that) to be considered criminal law...it's clearly a civil offence under US Law.

Quote:
Well, two more things. A police chief in New Hampshire was upheld by the U. S. Supreme court when he arrested an illegal alien for tresspassing.
Could have been a unique situation. I'm pretty sure state and local do not have inherant authority to enforce immigration laws...although there is legislation in Congress to change this.

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