So, about those “illegal immigrants”…
I have been reading the US Code, 8 U.S. Code Subchapter II – IMMIGRATION, looking for the term “illegal immigrant”. The term appears nowhere in the U.S. Code. Indeed, it appears that the U.S. Code goes out of its way to explain that merely being an unauthorized alien in the United States is *not* a crime.
It looks like the motivation for *not* making being an unauthorized alien a crime is that if it were a crime, then the unauthorized alien would have due process rights under the Constitution (which, remember, applies to *all* persons under the jurisdiction of the United States whether citizen or not — we have at least a half dozen Supreme Court decisions on that one). Due process rights would require a hearing in front of a judge. Since it is not a crime, since the unauthorized alien is merely being “removed” or “repatriated” via an administrative action, ICE can simply drive “criminal aliens” (those with felony convictions) right back over the border without judicial review. The felony conviction itself is enough to trigger the removal, without the need for further judicial review, because there is no additional crime called “being here without a visa” that requires due process. Removal is merely an “administrative action”, not a punishment for a crime. If it were a punishment for a crime, it would require a grand jury indictment and a trial with a judge and jury.
Just correcting terminology. The correct terminology, according to the actual law, is “unauthorized alien” or “deportable alien”. The term “illegal immigrant” occurs nowhere in the immigration code. The term “illegal alien” does occur, but is defined by the law to specifically mean unauthorized aliens who have felony convictions, and is defined as such in only two subsections of the entire lengthy immigration law. These are:
U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part IX › § 1365
and
U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part V › § 1252c
All other references refer to them as “unauthorized aliens” or “deportable aliens”.
Note that various publications of the IRS, ICE, etc. use the terms “illegal alien” or “illegal immigrant”. These, however, do not have the force of law, and their definitions are not the legal definition of an unauthorized or deportable alien. They are fundamentally commentary upon the law, and as commentary, they’re not required to abide by strict legal definitions and can use street vernacular. It is unfortunate that the street vernacular implies that the person is committing a crime by being here when the immigration code is quite clear that there is no crime (if there was a crime, due process would require a trial rather than a simple removal proceeding prior to an administrative action), but so it goes.
– Badtux the Terminology Penguin
While I will not go into why I know about certain nuances of the tax code, the IRS provides for a means for those without Social Security Numbers to meet their tax obligations. And the policy up to now has been not to divulge personal information to other agencies. The operative phrase may be “up to now.”
LikeLike
In a similar manner, Texas (for a number of years) sold tax stamps for marijuana and cocaine. This was done to allow the state to pursue tax evasion charges against smugglers and sellers of these drugs. The theory was that the department selling the stamps could share no information with any other department, because otherwise the courts would decline to allow prosecution because the defendants could argue to buy the stamps was self-incriminating. Never heard how it worked out, and the law was cancelled a few years back, but I do know a number of stamps were sold, and not just to collectors.
I would expect those IRS provisions to remain in effect because: 1) Free money without establishing a claim for benefits 2) It helps keep Social Security/Medicare afloat.
LikeLike
Looks like “John Kelly” of Fatherland SSekkkurity is going to be a name every Sovokamerikan will need to be familiar with. His announcement that local cops will not be deputised to be immigration law enforcers is another step on the road to Amerikkkka becoming more of a police SState. Now, every cop who wants to can get people thrown out of the country. Not that I favour people living in any country unauthorisedly, being an immigrant myself who had to jump through lots of bureaucratic hoops to gain my current legal status. But it’s going to be the situation in Amerikkka that any time anyone encounters a person with a gun, a badge and the government’s authority to use force, they’re going to have to fear. Cross The Man and you could get shot, tossed in jail as a suspected illegal or booted out of the country. Every cop will be Evil Robocop. As you’ve noted, Tux, lots of jurisdictions such as Texas will be all in for this. Pigs don’t bother investigating small property crimes such as break-ins — too much work! — but I bet that a lot of them will be happy to go after anyone in their path who they might be able to bully for whatever reason. The Reich Wing who regards the existence of government as a threat to the citizenry when it comes to taxes simultaneously cheers for government agents who can beat down the citizenry under the colour of “the law.” It’s what rebellions are born of.
LikeLike
Cops far prefer going after unarmed women and children or going after long-haired hippy liberals to going after criminals. Criminals might shoot back.
LikeLike
[…] basic fact that this country was founded by people who came here from other places and the idea of “illegal immigrant” is based on bigotry and […]
LikeLike