This Congresswoman Thinks First-Time Illegal Border Crossing Should Be a Felony
Rep. Diane Black has proposed legislation reclassifying the offense.

When it comes to crossing the border illegally, first-time offenders can currently be charged with a misdemeanor and sentenced to six months in prison. But the Zero Tolerance for Illegal Entry Act, introduced today by Rep. Diane Black (R-Tenn.), would make the offense a felony, punishable by up to a year and day behind bars.
"What this bill does is it sets up a huge disincentive," Black tells the Washington Examiner. "There is already a process set up and they should be using what the process is." Black is currently running for governor.
Black's bill could cost taxpayers billions of dollars. In the 2017 fiscal year, U.S. Customs and Border Protection apprehended more than 415,000 people crossing the Southwest border illegally, according to the agency's website. The Bureau of Prisons says incarcerating the average federal inmate in 2017 cost more than $36,000.
Using those figures, it would cost more than $14.9 billion for the government to imprison every immigrant caught crossing the border illegally for one year. Even if Black's legislation cuts the number of people apprehended in half, taxpayers would still be left footing a hefty bill.
In addition to changing the penalty for entering the U.S. illegally, Black's legislation would take away federal funding from sanctuary cities that don't cooperate with federal border agents and redirect the money to Immigration and Customs Enforcement.
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Black's legislation would take away federal funding from sanctuary cities that don't cooperate with federal border agents and redirect the money to Immigration and Customs Enforcement.
So, I can argue for or against this. I just wish we had some way of forcing all bills to be some minimum coverage each, instead of grouping together many things into one bill. I just don't know how one would determine what is a single thing for any given bill.
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I don't think you can really argue for it.
You can certainly say they should cooperate, but they have no duty to do so - something this Rep seems to forget. They certainly can't get in the way, but cooperation shouldn't be required here. Because if its required *here*, then you open the door to requiring it everywhere else - such as drug law enforcement. Human 'trafficking'. IP enforcement.
Its a big can of worms. Especially when, right now, we have dual sovereignty. Requiring cooperation effectively turns our law enforcement structure into a single, unified on a national level, organization. So you'd have to eliminate dual sovereignty and effectively make all crimes Federal crimes.
French joggers in Canada hardest hit.
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What's not to like?
Someone's firmly in the pocket of the prison industrial complex.
Hey now, no need to cast aspersions on her motives. Maybe she's just trying to prove how tough she is on poor people who come to America looking for a job. Or simpler yet, maybe she's just an awful person.
Well, if she isn't getting her palm greased by the prison unions, she's an idiot.
Does not necessarily follow.
A.) The crime equivalent to "illegal entry" is already a felony in Mexico, so we'd be in good company.
B.) It effectively counters the idiots who say "Well, 'illegal entry' is just a misdemeanor, so we shouldn't bother to prosecute it at all!"
C.) Just because the law defines something as a felony, and allows for the possibility of a "year and a day" sentence, does not require that it be imposed. It can be charged, and convicted, and the punishment set to "deportation with a felony record".
1. No its isn't.
2. Eh, OK, I'll accept this point.
3. What does this achieve though? Either they're going to get deported - and that comes with a 'don't even try to come back legally for 5+ years' sticker - or we're going to pay to have them locked up for a year. And then deport them with that sticker. And then they'll try again next year.
The felony conviction means that they can never get a green card in future.
Or at any rate, at least never until there's a Democratic President again.
I'd favor it, if that were included in the bill: First offense, the penalty is deportation, second offense, hard time.
"It can be charged, and convicted, and the punishment set to "deportation with a felony record"."
This. Establishing a criminal, and felony, record triggers lots of legal consequences.
Wingtard: "Immigrants are dangerous criminals!"
Me: "It's not even felony to cross the border, get a grip."
Wingtard: "Make immigration a felony! Then the immigrants will be dangerous criminals!"
I bet these people are the same ones who want to punish jaywalking with a perp walk and a night in jail, and not trimming your hedges punishable by tar and feathering and running out of the gated community on rails.
So, your point is you respond to dumb claims with non-sequiturs?
So we will make it a felony. Will that make you feel better. Right now it is about the same as a jaywalking ticket.
Jaywalking is the same as illegally entering the USA.
Same same.
Pretty much. I've illegally entered the US at least once. Accidentally crossed the line while out riding in the desert. Didn't see the half buried markers until coming back. Are we going to freak out because I didn't turn myself in? Because I didn't commit another crime (its illegal to leave the US except at an official border crossing) by heading back across and then traveling 10 miles over to the actual border crossing?
Entering the country illegally is . . . meh. Its what you do once you're here that's important.
First, you need to get consent EVERY time you enter the US. Second, the US can change it's mind and revoke consent at any time. Even if you haven't finished.
So definitely a felony.
#theUStoo
I'm an immigrant. Someone who walks across the Mexican-American border illegally isn't an "immigrant", they are an illegal migrant.
And those illegal migrants cost US tax payers tens of thousands of dollars per year; theft of that magnitude ought to be considered a serious crime.
Felony is too extreme but keep illegal entry a misdemeanor.
The government should enforce aiding and abetting laws too.
Sanctuary cities are illegal
The officials responsible should be prosecuted
8 U.S. Code ? 1324 - Bringing in and harboring certain aliens http://bit.ly/2ErBBNQ
8 U.S. Code ? 1324
(a) Criminal penalties
(1)
(A) Any person who?
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place
Except that's not really what a sanctuary city is. They're not hiding these people in safe houses. They just refuse to do the feds job for them.
Totally agreed. I love the President but nothing (that I see) is being enforced. Seems like business as usual, day in and day out. Not Chicago is super broke, still selling lottery tickets and refusing to pay the winners their hundreds of millions of winnings for over 6 months. This is fraud, isn't it? The crime rate has escalated even more than last year and I read today that the citizens are yelling that Trump needs to help them. Help them? They want to hide illegal criminals from law enforcement but want help? Best thing for that city is to let them all kill each other and start over...burn it down like it happened in 1800 (that's why it is called The Second City because the first one burned down and it was rebuilt)....don't really know the year it happened but maybe we could arrange another fire?
Misdemeanors are not working, that is why Rep. Black is saying make it a stiffer penalty so that maybe they will think about doing illegal entry with their heroin run. Right now a misdemeanor for bringing in thousands of dollars of smack is an ok risk...that money is a year's salary or better. Make a mother REALLY be separated from junior with a fingerprinted history of being a felon. Other suggestion is land mines or machine guns from helicopters.
Crossing the border illegally is just the first crime. From there, they need to find work (illegally), most likely steal someone's SSN, drive illegally (except in Commiefornia) without insurance, vote (again, in CA and maybe Boston now), and that's just the start. This law wouldn't affect any legitimate asylum seekers, legal entries or even those overstaying a visa. It's a totally avoidable crime and the fact that you get TWO misdemeanors before the third attempt is a felony is a joke.
So how else are we going to save Mexicans from....... uh........Mexico?
Annexation, baby!
Jesus H. Christ on a unicycle, make it an intergalactic spacetime violation, just require enforcement of the fucking law!
Does ANYONE not get that the gaping maw of prosecutorial discretion just hands more power to the Executive and makes this an ever-bigger poo-flinging contest by the day?
Tweaking the law is fucking POINTLESS, and has been for the last five or so years that this has been stirred up as an A-list hot-button issue, until the issue of enforcement is addressed. Which no one at the federal level wants to do, because it would limit their power, and no one engaged in the poo flinging is talking about.
I guess we have to do something to keep those prisons filled now that drug legalization seems to be on its way in.
War has been declared against the USA.
The only legal entry to the USA is at controlled border crossing points.
Spies (someone not in military uniform) can be summarily executed under the Geneva convention.
Wouldn't it be simpler to just raise legal immigration limits by a factor of four or five?
Maybe grant citizenship to any illegal who turns in five others for deportation?
Or, what the hell, build a wall.
"Maybe grant citizenship to any illegal who turns in five others for deportation?"
Or brings in authenticated scalps.
Um, just because illegals are charged with a misdemeanor does not mean they can't be charged with a felony. Existing federal laws allow for felony charges at the prosecutor's discretion, simply for illegally crossing the border the first time.
Federal court doctrine defines any prison sentence over one year to be a felony sentence, and the maximum penalty for a first offense illegal border crossing is 2 years in prison.
https://www.law.cornell.edu/uscode/text/8/1325
And there is always conspiracy - - - - - -
That specifies a maximum of 6 months for the first offense, not two years.
Her legislation would probably just make it uniformly two years, at the prosecutor's discretion.
it would cost more than $14.9 billion for the government, whats mean?
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I agree with this plan. Medical experiments for the lot of you.
Is "yay" too strong?
Not for authoritarian, intolerant, right-wing kooks.
I'll sign you up for an extra helping of the big-government goobery.
I ate a box of Goobers yesterday on your honor Arty.
Foaming at the mouth opposition from socialists like you is a ringing endorsement.
Don't reply to this "Rev. Kirkland" ...he is a left wing lunatic moron. All this poster does is nonsensical name calling to incite. Everyone is intolerant but him...yes, the name calling is very tolerant of other people's ideas.
I'm in! But you have to enforce it...we have laws now. Judges letting them go left and right. There is right now the story of a new Ft Myers police officer shot in the head last week by another illegal who has been arrested many times The judge in Sarasota let him go from the last felony 3 weeks ago. Now we have another dead officer with a widow and kids. ICE said he wasn't deported because he was too stupid to deport ...??? Swear to god, I just read that. Sue the bastard judge. If he had done his job this officer would still be here for his family. I have no love for these criminals. Sometimes seems like I am alone in this thinking. The name calling from liberals protecting these criminals just drones on and on.....we are all bigots (that's a big one), we are horrible, selfish people..because we want to protect our own citizens and spend our own money on ourselves?
Let's also permanently bar them from legal entry for the rest of their lives.
Bingo
Targeted consequences
If you have to be deported once, you're never eligible to return again
Until tomorrow
This libertarian thinks being a stale, backward, superstitious, bigoted, authoritarian, mean-spirited, gullible, drawling right-wing goober from our southern backwaters should be at least a misdemeanor.
FTFY
And you are a minister? Of what? Your own church in your basement? This Rep. Black has an idea that may deter these illegal invaders from continuing to our country....That is American protectionism. None of those idiotic names you are labeling her is valid...you just picked a bunch of nonsensical words out of the dictionary. You Liberals are great at name calling with no ideas of how to fix a problem. Just "oh you are a bigot", "you are a goober"...what the hell is that anyway? You probably don't pay taxes because you hide behind the veil of a religious organization of some sort..hell, even my neighbor calls herself a minister and deducts her million dollar house as a church. Again, to all you left wing loonies out there, if you are so joyous to have millions of illiterate, diseased, non-skilled, non-English speaking Mexicans around, YOU pay for them all...100% of their cost...I, for one, do not want to spend one more penny on these illegals and I hope they do make them felons....and separate the mother and children for a year so they don't breed on my dime...you got the money, you pay. I am all out of funds for this crap.
Like the article says....she is running for governor.
FTFY
It whould be a death penalty crime. Death by machine gun at the border. Send in the army.
Errata: Should, not "whould."
How about land mines as a back up. Helicopters with machine guns. Guys, let's do something now. Start putting this stupid amount of money spent housing these invaders towards American housing, Vets programs, scholarships...something other than supporting half of Mexico.
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I agree with Rep. Black of Tenn. If you make it really, really uncomfortable for these illegal invaders to keep attempting to sneak into our country with a felony arrest, fingerprinting, a year in a state prison...maybe it will be a small deterrent to them. Then, women and babies will really be separated, as it happens with any American going to prison. The children can be shipped to Mexican relatives or foster homes. So many of these Central Americans are drug traffickers. If they only get a slap on the wrist, it is worth it for them to try to smuggle the heroin. If they are successful on one trip, it is probably more money than they make in a year (or more?). Making it a felony doesn't cost us money...enforcing it will. But in the long run ...? We have to do something now, not two years from now.