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Guess What? Illegal RE-entry IS a Criminal Offense

During an interview with Bill O'Reilly on August 6th regarding the off-duty border patrol agent who was murdered by two illegal aliens, and much to O'Reilly's astonishment, Lou Dobbs reported that an illegal RE-entry by an illegal alien is a criminal offense. Mr. Dobbs actually cited Section 1325 of the US immigration law to support his claim

It's always a source of elation for me when the heavily opinionated chatter on the various "news" channels is sometimes interrupted  by actual facts and a little education. And for that, I am especially grateful to Mr. Dobbs.

Being an 'ole immigration worker in my pre-retirement  life, I knew Mr. Dobbs was correct, but, for my own benefit and knowing how immigration law is nearly always in flux, I decided to double-check the accuracy of his report. So, in a nutshell, and for those of you who care, these cites:

--Under INA Sec 212(a)(9)(C), a person who was removed from the US and then tries to enter without going through the required admission procedures will be permanently barred from any future entry into the US.

--Title 8 Section 1325 of the US Code renders illegal entry a misdemeanor carrying with it imprisonment for 6 months for the first offense, and a felony and 2 years in prison for the second offense. In short, any alien who (1) enters or attempts to enter at any time or place other than as designated by immigration officials, OR (2) eludes examination or inspection by immigration officers, OR (3) attempts to enter or obtains entry by a willfully false or misleading representation or the willful concealment of a material fact shall, for the first offense, be fined ($50-$250) or imprisoned for not more than 6 months, or both, and, for a subsequent commission of any such offense (illegal re-rentry), be fined or imprisoned for not more than 2 years.

I'll bet dollars to donuts this law is very rarely enforced and, for the most part, utterly ignored by the Adminstration and their open-borders lackeys and supporters.

Just so there's no wiggle room on how one might interpret the meaning of this section of the law, illegal re-entry means one of the following has occurred: alien was (1) denied admission to the US, (2) excluded from the US, (3) deported from the US, (4) removed from the US, or (5) departed the US while an order of exclusion, deportation or removal was outstanding.

With particular respect to the two illegals who murdered the off-duty border patrol agent earlier this week, aliens re-entering or found in the US without government approval, after a criminal conviction for an aggravated felony--which will surely apply in this case--the maximum term of imprisonment is 20 years and a permanent bar from any future entry into the US.

(Note: if an alien illegally re-enters, after a criminal felony conviction for a non-aggravated felony, or after 3 or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject to a fine or imprisonment for up to 10 years, or both.)

Again, thank you, Mr. Dobbs. The education, a rare treat offered up by "news" shows these days, was sincerely appreciated.

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Comment by william e grant on August 8, 2014 at 7:58pm

SEND IN THE MILITARY (((((((( YOU WILL PAY DEARLY IF YOU STAND STILL BETTER TO BE A MOVING WITH ACTION ))))))))) IT IS NOT ABOUT YOU IT IS ABOUT YOUR CHILDREN +++ DAM IT ++++ .

Comment by Ellen Purcell on August 8, 2014 at 6:54pm

@ Robert - because most of them are not Mexican

Comment by John Bellaire on August 8, 2014 at 9:58am

Immigration reform means invalidating laws we already have. Failure to enforce the law accomplishes the same thing. Failure to enforce the law is a crime in itself. America is headed for serious trouble without enforcement of immigration law. There were very good reasons for the law as it stands. Vigilante justice may not be a bad thing if government does not do the job. Of course that would be illegal and sure to be enforced by the government.

Comment by Steve Merkel on August 8, 2014 at 9:21am

Mexico has been greasing the rails for illegals crossing Mexico to the U.S. Here's the evidence.

Comment by Debrajoe Smith-Beatty on August 8, 2014 at 6:56am

Obama is a criminal.

Comment by Donald Mack Flippin on August 8, 2014 at 6:30am

A president can (and should) be impeached for high crimes and

misdemeanors.  However, the members of Congress cannot bring

themselves do their job.  Now . . . a couple of examples of Obama's

lawlessness have murdered a good and honorable man.  And my

thinking extends from that very fact:  OBAMA AND HIS CLOWN,

ERIC HOLDER, ARE GUILTY OF BEING ACCESSORIES TO MUR-

DER!

In a lawless manner, they have failed in their duties to enforce the

laws of the land BECAUSE THEY DIDN'T AGREE WITH THOSE

LAWS.  I'm sorry, let me get my head on right here.  If a poor, old

boy like myself understands that we as citizens are bound to obey

enacted laws whether we agree with those laws or not, how is it

that Congress cannot get a grip on that concept???

God, what an upside down world!!! 

Color it anyway you want to color it (as long as you don't color it

black), we now have a criminal in the White House, one guilty of

negligent homocide (at the very least)!  The mongrel should be

impeached, tried in a court of law, and locked away in prison for

his part in the murder of Javier Vega, Jr.

Color it like you will: the mongrel has blood on his hands!

Vaya con Dios, Javier . . . and Semper Fi!

Fellow patriots, put your money where your mouth is.  A

memorial fund has been established for the family (his

wife and two children) of Javier Vega.  I'm an old man

living on a fixed income; however, I am sending $100.00

to the family of that fellow-patriot.  The address is:

Javier Vega Memorial Fund at Rio Bank

P.O. box 4169

McAllen, Texas 78502

(Routing number 114915447 - Acount #4081153)

Semper Fi!

Comment by Richie Laxton on August 8, 2014 at 3:30am

Too many past administrations along with the current one, have sloughed off enforcing these and so so many other immigration and unlawful employment laws. In short, we don't have an immigration problem, we have an ENFORCEMENT problem. There are very tough laws on the books, but they are not consistently enforced. Why enact another set of laws via "immigration reform" that will also be half heartedly enforced or not at all? The lawsuit that needs to be brought against Obama and the administration should be for not enforcing laws to the detriment of the American people. He and his administration should be sued, perhaps in a class action, for willful negligence as the chief law enforcement officer of the land.

Comment by Robert M. Hellen, Sr. on August 7, 2014 at 10:10pm

Why are we not sending the bills for these illegals to the Mexican government for payment.  Why in hell are we paying for them???   Who made us their caretakers????   This is totally insane!!!!!!!

Comment by Robert M. Hellen, Sr. on August 7, 2014 at 10:08pm

Okay, a couple things....First in my view Mexico has violated our borders and this is an act of war.   A few illegals sneaking over the border does not a war make but 12,000,000 certainly does!   That's an invasion, not a little border crisis.   We have total numbskulls in office and I don't know why we need them.    Second, an illegal re-entering again after deportation should face immediate execution; not jail time.   Why should we pay for some foreigner's bread and butter????   Alternative, if the Mexican government picks up all costs associated with the illegal, then he may be returned unharmed to Mexico, but if not...execution.   The American way is to be compassionate but not stupid as our government would have us be.   This Administration has circumvented the law with their own  protocol saying an illegal cannot be tried until he has been deported and re-entered 7 times!  This allows him/her to rob, kill, rape and what have you before final restitution.  Ergo a murdered Border Patrol Agent.   This Administration is NUTS!!!!

Comment by Mike Meeks on August 7, 2014 at 10:03pm

WE DO NOT NEED TO HAVE IMMIGRATION REFORM.

JUST ENFORCE THE CURRENT LAWS.

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