Your Illegal Status most certainly IS criminal!

Now the illegal immigrant supporters  – aliens – what EVER we’re calling them this week -  their supporters are saying that being “undocumented” is simply a status and not an act…And we only arrest people for acts – something they have done or are doing.

Well, obviously I disagree – But first – some definitions…so that we are all on the same page.

According to Wikipedia

A misdemeanor, or misdemeanour in many common law legal systems, is a “lesser” criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. http://en.wikipedia.org/wiki/Misdemeanor

A felony is a serious crime in the common law countries, and the United States retains this law. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person’s land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between summary offences and indictable offenses.  http://en.wikipedia.org/wiki/Felonies

OK, now that we’re all there – if the hair splitters would bother to read the laws AND understand them – they would find that there are more than immigration laws which govern the inability to produce specific documents as being criminal offenses…

For example:

If you’ve simply left your drivers license at home – shame on you, but driving without a license is a misdemeanor offense in most states.

If you are a Nevada driver see the Nevada Revised Statues:483.350

NRS 483.350 License to be carried and surrendered upon demand; limitation on conviction.

NRS 483.350  License to be carried and surrendered upon demand; limitation on conviction.  Every licensee shall have his or her driver’s license in his or her immediate possession at all times when driving a motor vehicle and shall manually surrender the license for examination, upon demand, to a justice of the peace, a peace officer, or a deputy of the Department. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to the person and valid at the time of the demand.
[Part 20:190:1941; A 1953, 191; 1955, 65]—(NRS A 1969, 544)

How about the insurance on your car?

Nevada drivers take a look at NRS 690B.023

NRS 690B.023  Insurer to provide evidence of insurance; contents. If insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by a contract of insurance, the insurer shall:

1. Provide evidence of insurance to the insured on a form approved by the Commissioner. The evidence of insurance must include:
   1. • (1) Becomes effective; and
      • (2) Expires;
   • (a) The name and address of the policyholder;
   • (b) The name and address of the insurer;
   • (c) The year, make and complete identification number of the insured vehicle or vehicles;
   • (d) The term of the insurance, including the day, month and year on which the policy:
   • (e) The number of the policy;
   • (f) A statement that the coverage meets the requirements set forth in NRS 485.185; and
   • (g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.

OK – so far, we have two cases of being undocumented that the simple fact of not being able to produce specific documents on demand is a misdemeanor! The statues do not say or imply the act of leaving them at home is the underlying crime – but simply being without.

So now…how about the United States Permanent Resident Card? Better known as the Green Card?

Well, according to the immigration folks…this card, which is not necessarily green any longer, serves as proof that the holder has been granted immigration benefits by the Federal government which includes permission to reside in the U.S. AND to obtain employment.  The holder of a green card must maintain permanent resident status AND can be removed from the US under certain specific conditions.

What the Law says about a Green Card:

• A Permanent Resident Card, commonly known as a green card, is evidence of your status as a permanent resident with a right to live and work permanently in the United States. It also is evidence of your registration in accordance with U.S. immigration laws. A green card is also called Form I-551.

• Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . ..” It also says, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor  …” The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

So again – here we have a very specific federal law which states unequivocally that the inability to produce your green card – if you have one – is, in and of itself a misdemeanor! So, if you are “undocumented” because you left your green card at home you are guilty of at the very least misdemeanor!

So that brings us back  to our illegal alien questions…is there an “act” necessary to be considered a criminal offense?

Well, not according to the laws I have quoted above – OR – any other law that I could find.  But EVEN IF those laws were not on the books – the mere fact that the subject in question has entered the United States illegally – is an ACT which is also a criminal offense!

Logic then dictates that you are a criminal of some type – whether it be  “ONLY” a simple misdemeanor – or a federal offense! YOU broke the law…YOU KNEW you were breaking the law…so THEREFORE…YOU ARE A CRIMINAL.

A crime is an act proscribed by law and subject to punishment. It can also be an omission instead of an act, namely a failure to act where the law imposes a duty to act. Traditionally, crimes have been restricted to acts and omissions that harm the interests of others. Sometimes, however, a legislature will criminalize an act or omission because it is harmful to the perpetrator himself, or because the conduct is morally reprehensible. Such criminal provisions are known as “victimless” crimes. The possibility of a victimless crime underscores the central difference between criminal and civil law: a crime is an offense against public welfare, whereas a civil wrong is an offense against private interests. While civil damages are awarded to compensate a victim for harm he has suffered at the injurer’s hands, criminal punishment is inflicted to allow the state to vindicate its interest in the common good.

Civil And Criminal Divide, The Positivistic Approach, Nonpositivist Approaches, Bibliography, Cases
http://law.jrank.org/pages/781/Crime-Definition.html