Being Illegal Not A Crime, Court Says

Amazing. Well, disgusting and disturbing, if you want to get into it

If you can get past the border guards and into the United States, you’re no longer violating the law, according to a Kansas Court of Appeals decision.

The ruling comes after an illegal immigrant, Nicholas Martinez, was sentenced to a year in jail after pleading guilty to possession of cocaine and endangering a child. Court documents say Martinez was caught in an undercover sting by detectives in Barton County, Kansas (about 120 miles northwest of Wichita), using his young son to help sell cocaine.

Under Kansas law, the charges (and plea bargain) would have landed Martinez on probation. But the judge in the case said the defendant couldn’t be put on probation because of his immigration status.

Here it comes!

But on appeal, a three-judge panel threw out the sentence, based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country.

In its opinion, the court explained that Congress had implicitly created the distinction: "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," said the opinion.

Un-f’ing believable!

Trackposted to The Virtuous Republic, Perri Nelson’s Website, Rosemary’s Thoughts, Big Dog’s Weblog, Right Truth, Nuke’s News & Views, Webloggin, The Amboy Times, third world county, The World According to Carl, Planck’s Constant, The Pink Flamingo, Right Voices, Gone Hollywood, and The Yankee Sailor, thanks to Linkfest Haven Deluxe.

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2 Responses to “Being Illegal Not A Crime, Court Says”

  1. Perri Nelson says:

    The way the courts are shaping things with their decisions, soon the only people who can be found acting criminally will be the ones who we used to view as model citizens.

    When obeying the law carries criminal penalties the courts will have finally succeeded in turning the world on it’s head.

  2. John Ryan says:

    Those damn Red State judges are at it again.
    What’s the matter with Kansas ?
    Is their someway we can blame Ted Kennedy for this ?

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