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US CODE TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325
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§ 1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324a
§ 1324a. Unlawful employment of aliens
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)
(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or
(ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b) of this section.
Is ENFORCING the US CODE UNCONSTITUTIONAL?
Thursday, April 29, 2010
Monday, April 26, 2010
THE LAW ON THE BOOKS IS CLEAR!!
THE LAW ON THE BOOKS IS CLEAR!!
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U.S. Code TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1361
§ 1361. Burden of proof upon alien
Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
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READ THE LAST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:
If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
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Use of green card as an identity card
The card must be in the possession of the U.S. permanent resident at all times. This means that the permanent resident must have a currently valid card on the person at all times and be able to show it to a United States Citizenship and Immigration Services officer, if requested. Though aliens with permanent resident status are required to carry these identification cards, American citizens are not required to carry any citizenship identification (because no crime is being committed if you do not carry identification). Before the September 11, 2001 attacks, while status was checked when the permanent resident returned from foreign travel, the requirement to carry the green card was almost never enforced when residents traveled domestically. After that, officials from the United States Department of State began occasionally asking people if they were U.S. citizens or not, and in the latter case began enforcing the legal requirement that the person be able to immediately present their Permanent Resident Card or other proof of legal status.
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READ THE FIRST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:
The card must be in the possession of the U.S. permanent resident at all times.
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U.S. Code TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1361
§ 1361. Burden of proof upon alien
Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
=============================
READ THE LAST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:
If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
=============================
Use of green card as an identity card
The card must be in the possession of the U.S. permanent resident at all times. This means that the permanent resident must have a currently valid card on the person at all times and be able to show it to a United States Citizenship and Immigration Services officer, if requested. Though aliens with permanent resident status are required to carry these identification cards, American citizens are not required to carry any citizenship identification (because no crime is being committed if you do not carry identification). Before the September 11, 2001 attacks, while status was checked when the permanent resident returned from foreign travel, the requirement to carry the green card was almost never enforced when residents traveled domestically. After that, officials from the United States Department of State began occasionally asking people if they were U.S. citizens or not, and in the latter case began enforcing the legal requirement that the person be able to immediately present their Permanent Resident Card or other proof of legal status.
=============================
READ THE FIRST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:
The card must be in the possession of the U.S. permanent resident at all times.
=============================
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