Sunday, July 15, 2007
Jail time vs Detention at Minimum Wage
Mirror believes it is difficult to make a case against an illegal and that none can be jailed unless they are repeat offenders. I believe there are some other laws that come into play. For example, the use of another person's social security number to gain employment, the use of other fraudulent documents or stolen identities, criminal trespass and vandalism could all be cause for detention pending deportation if not actual jail time. He is right when he says no one can be forced to work without pay if they don't want to but if some minimum amount above room and board is offered, there will usually be some takers. Others will prefer work to inactivity.
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Operation Streamline II focuses on aliens who enter illegally through a high-traffic area within the Del Rio Border Patrol Sector. Those illegal aliens who are not released due to humanitarian reasons will face prosecution for illegal entry. The maximum penalty for violation of this law is 180 days incarceration. While the illegal alien is undergoing criminal proceedings, the individual will also be processed for removal from the United States.
As you see, Illegals can be held as criminals for up to 180 days according to current US Immigration Law, even if they have no other criminal history.
As I've said before, if someone is caught crossing the border illegally they can be held as criminals. However, if someone is caught in the US illegally they can't be charged criminally, they can only be deported unless they're repeat offenders. Reason for that is that you can't prove (without a trial) how a person entered the country; it isn't criminal to overstay a visa, for example.
Some people want to change international law (unlikely), throw all of them in jail for working here (for the use of false documents), but it would be very expensive. Of course, we love to throw millions of dollars at the prison industrial complex so maybe the law will change. If we are willing to give more millions away, how can any multi-billion dollar business say no?
Actually in Maricopa County they are being arrested within the country on charges of self smuggling and given 6 months in jail. So yes they can be held even after they cross the boarder in the interior of the country.
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