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Author: Radish Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 749462  
Subject: Re: Why Immigration 'Reform' would be a disaster Date: 2/10/2014 2:14 AM
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lowstudent,

So you would nut put being separated from your parents permanently, ad put into an orphanage putting your child at risk? So in the very least the child is at risk.

How so? Worst case, if the parents are required to leave the US, they take the child/children with them. Best case, and most likely, the parents aren't required to leave, so the child isn't either. Another good case, the child grows up before anyone catches on to the parents, and then the no-longer-child doubtless could choose to stay in the US or to go back with the parents.

Are you advocating that the US should make decisions to split up families?

That decision would be up to the parents, not the US.

I would strongly expect that being in the US, without proof that you are a US citizen and with no permission is a crime.

That's what I would have thought, but I researched it pretty thoroughly and couldn't find any federal law against simply being in the US. I asked around to my law-enforcement friends, and they don't know of any either (but none of them are federal, so it's not exactly their area).

I think any judge is gonna chuckle at the threading the needle attempt,, but ya ca't be here without entering.

That's probably why there isn't a law against being here. Why bother passing such a law, since you'd have to enter to be here? However, the fact remains (if I'm right about there being no such law), that one is "innocent until proven guilty", so if you're in the US without any legitimate reason, the most they could do is order you to leave (since they can't prove you entered other than at an officially designated place and time). And until they order your to leave, there's no reason why you'd have to, and just being here isn't a crime (neither is being brought into the US as a child).

Sorry, there is absolutely zero doubt the parents are putting their children at risk of getting kicked out of the country.

Surely there's zero doubt that the parents are putting their children in a position where it's possible they'd be kicked out of the country (although I think it's reasonable to assume that if the children were kicked out of the country the parents would have no problem going with them). But why is that necessarily a "risk"? If their life is terrible where they are, and the worst that can happen by going into the US illegally is that they'd be returned to where they started, that's an "opportunity", not a "risk".

I suppose there's some small chance that the parents would be convicted of entering the US illegally, and sentenced to prison rather than simply deported along with their children (in which case the children would, what?, go into foster homes during the jail time). But what are the odds? Assuming none of them commit some additional crime, jail time for illegal entry with no extenuating circumstances is pretty much unheard of (normally they are ordered not to return to the US for a certain period of time, and it is a crime to be in the US during that period, that being one of the "failure to obey an order" thingies, and deported). And to get that (jail time), the feds would have to prove how the parents came to be in the US (i.e., that it definitely wasn't at an officially designated place and time)... which is about as close to impossible as it gets.

Phil
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