American Radio....Illegal aliens are self-deportingSat Aug 25, 2007 14:07American Radio....
Illegal aliens are self-deporting
Illegal aliens Moving Out Of Oklahoma Before New Law Takes Effect
Wednesday August 22, 2007 9:53 pm Reporter: Jerry Giordano Posted By: Kevin King
Tulsa - Tens of thousands of Hispanics have left the Tulsa area. And, a law designed to crack down on illegal immigration hasn't even taken effect yet. But, there's a catch.
East Tulsa is where the majority of Hispanics ended up settling. They came by the thousands and now they're leaving that way, too. And, it's all because of one word -- deportation.
Business owner Simon Navarro came to America for a better life. And, he found one on Tulsa's east side.
"I have 11 years here in Tulsa," he says.
But, a tough new state law has much of Tulsa's immigrant population fleeing for fear of deportation.
"Two months ago I heard 25-thousand Hispanics have left Oklahoma," Navarro says.
That is about 30-percent of Oklahoma's Hispanic population.
"They are leaving. A lot have already left."
Francisco Trevino runs Tulsa's Hispanic Chamber of Commerce. He says the exodus hurts a lot of people working in a lot of fields.
"I think restaurants, construction, lawn care they do everything we don't want to do," he says.
It's making it hard for local companies to find workers. But, officials are standing firm. If they are here illegally, it's a one way trip home.
And, the Tulsa County Sheriff's Office is doing its part to move things along. This week, they're training deputies to handle the deportation process. And word is spreading quickly. Simon has already said a lot of goodbyes.
"People are leaving," he says. "They're scared of the sheriff."
In the end, Trevino says it hurts everyone.
The American citizens in the state of Oklahoma suffer. It's as simple as that."
There is a large group of people on the other side who believe the new law, which takes effect in November, is a good idea.
Most illegal immigrants are ending up in either Kansas or Arkansas. But, that may not be for long. Arkansas is about to adopt a law like Oklahoma's. Kansas is considering the same thing.
Another reason for STATES to pass the "No Gravy Train for Illegal Aliens" law Court Says: Illegal Presence in US Not a Crime
(Text is at the end of this message)
Illegal Presence in US Not a Crime, Court Says
By Jeff Golimowski
CNSNews.com Senior Staff Writer
August 21, 2007
(2nd Add: Includes comments from Janine Cox of the Kansas Appellate Defender's Office.)
(CNSNews.com) - If you can get past the border guards and into the United States, you're no longer violating the law, according to a Kansas Court of Appeals decision .
The ruling comes after an illegal immigrant, Nicholas Martinez, was sentenced to a year in jail after pleading guilty to possession of cocaine and endangering a child. Court documents say Martinez was caught in an undercover sting by detectives in Barton County, Kansas (about 120 miles northwest of Wichita), using his young son to help sell cocaine.
Under Kansas law, the charges (and plea bargain) would have landed Martinez on probation. But the judge in the case said the defendant couldn't be put on probation because of his immigration status.
"Mr. Martinez is illegally in the country and is in violation of the probation rules right from the start if I place him on probation," court documents quoted Judge Hannelore Kitts as saying. "He has to comply with all the conditions of the probation and he can't do that because he's in violation of the law not to violate any federal or state laws."
The judge then rejected the plea agreement's sentencing recommendation and ordered Martinez to spend a year in jail.
"I don't want to speak for her, but the judge obviously believed there was an inconsistency in placing him on probation when one of the first things he would have been told was to obey the law," said Barton County Attorney Douglas Matthews.
But on appeal, a three-judge panel threw out the sentence, based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country.
In its opinion, the court explained that Congress had implicitly created the distinction: "While Congress has criminalized the illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported," said the opinion.
The court also cited previous cases, including a 1958 Supreme Court case , which found that laws regarding illegal entry into the country "are not continuing ones, as 'entry' is limited to a particular locality and hardly suggests continuity."
Because the judge hadn't determined whether Martinez had been deported previously, the appeals court ruled she had no legal basis to deny probation, since simply being in the country isn't necessarily a crime.
A pre-sentence investigation by the court did not find any evidence Martinez had been previously deported.
Martinez's appellate attorney, Janine Cox of the Kansas Appellate Defender's Office, said she and her client are happy with the ruling, but she said the case is far from over.
"The case is still alive. The sentence has been vacated … (prosecutors) have 30 days to make a decision" about an appeal, said Cox. "If the Supreme Court takes it up we'll do it all over again."
Perhaps the most interesting aspect of the opinion is the way the court arrived at its conclusion. Cox noted neither she nor the prosecutor had made an argument saying Martinez's presence in the country was not a crime.
"We argued that (immigration) status wasn't enough of a reason to depart from sentencing guidelines," said Cox. "The determination of status is solely a federal government determination. "
Cox declined to comment on the potential ramifications of the ruling on other immigration cases.
Matthews said this is one of if not the first time this issue has been brought before a Kansas court, though similar cases have been heard in Oregon and Minnesota with similar results. He said he doesn't necessarily believe the ruling will have far-reaching effects, as the language of the opinion was extremely narrow.
"The Court narrowed the conditions under which (Martinez) could be imprisoned for his violation of Kansas law," said Matthews. "The mere fact that you're in Kansas illegally does not mean, at least according to this opinion, that one of our District Court judges can impose a prison sentence as opposed to probation after you've been convicted of a felony offense."
Prosecutors have 30 days to appeal the ruling to the Kansas Supreme Court.
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A very quick way to suggest the "No Gravy Train for Illegal Aliens" Law to your LOCAL representatives
Enter your address data and this page will automatically send a message to your LOCAL representatives
Then copy and paste the message that is below:
The suggested full version of "No Gravy Train for Illegal Aliens" Law :
THE STATES, towns or counties can make it a crime to provide illegal aliens with anything whatsoever. The state legislators can stop illegal immigration
The federal government has failed, and refused, to secure our borders. What part of the word "illegal" do they not understand?
For every law, that the federal government is failing to enforce, THE STATES, the counties, and the municipalities, pass a similar law. Then THE STATES, counties, AND local police can enforce those laws.
Yet we should all know that pests will not infest a house where they cannot obtain what they need to live.
Here is the plan:
EACH STATE, EACH COUNTY, OR EACH MUNICIPALITY SIMPLY PASSES A LAW THAT MAKES IT ILLEGAL TO PROVIDE ANYTHING WHATSOEVER TO AN ILLEGAL ALIEN. Tell the illegal aliens of the world that there is no longer a reason for coming here. Pass the "NO GRAVY TRAIN" LAW.
From the government sector:
It shall be illegal, by STATE LAW, to provide anything at all to illegal aliens including, but not limited to:
Welfare, food stamps, medicaid, driver's license, business license, government housing, tax supported education, or any OTHER ASSISTANCE.
There will be no state tax deductions for payments to illegal aliens.
From the private sector:
It shall be illegal, by STATE LAW, to do anything at all for an illegal alien including, but not limited to:
Rent housing, sell real estate, sell vehicles or mobile homes, make loans, sell insurance, provide employment, provide indigent care, cash checks, enroll students, or provide transportation other than BACK to their country of origin.
Prosecuting EITHER the American citizen OR the illegal alien would deter the transaction, but prosecuting BOTH the American citizen AND the illegal alien would be best. Illegal aliens would find that they have nothing that they could do here; except to go home.
We ask STATE, county, and municipal legislators to pass the "No Gravy Train for Illegal Aliens" Law!
Federal Laws already exist, but are not being enforced
8 USC Sec 1325 - Illegal Entry
Any alien who enters U.S. other than at A port of entry by false or misleading representation shall be subject to civil and criminal penalties can be fined and imprisoned
Section 1324a Hiring - Harboring - Transporting any illegal alien
Any person who knowingly hires/harbors/ transports any illegal alien is guilty of a felony punishable by 10 years jail + $2,000 fine per illegal alien + forfeiture of vehicle or property used to commit the crime.
Section 1324c Law officers have authority to make arrests...
All officers whose duty it is to enforce criminal laws shall have authority to make arrests for violation of any provision of this section (affirmed US vs. Perez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a Hiring - Harboring - Transporting any illegal alien.
No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section� (affirmed Southern District Court of NY, US vs. Rudy Giuliani, 1996.
NOTE: all immigration violations are criminal - not civil offenses.
Here's what the Border Patrol says about deporting Illegals:
President Bush, read our lips, NO AMNESTY! Your continuous defeatist rhetoric about "we just can't deport 12 million people" got old a long time ago. Repeating it ad nauseam doesn't make it any more truthful. Secure the border, cut off the jobs and free government handouts, start hammering greedy employers who hire illegal aliens, and watch them make a run for the border.....heading south by the millions. Many of them will "self-deport" . If you had this same defeatist attitude about Iraq, Saddam Hussein would still be in power. We're not buying your amnesty sales pitch down here in the real world. Maybe you can explain to us why we're risking our lives to stop the same people you keep encouraging to come in by the millions with your incessant pro-amnesty speeches ("guest-worker" , "earned legalization" , etc.)
In 1954 under President Dwight D. Eisenhower the United States Border Patrol, with just over 1,000 agents, was able to remove over 1,000,000 (one million) illegal aliens from the United States. This took approximately one (1) year. It is a documented fact that the vast majority (over 75%) of the illegal aliens who left this country "self deported" when they saw that the American government was serious about enforcing the law. We now have over 10,000 Border Patrol agents in this country. We also have improved communications, and we are able to transport people more efficiently. It should be no problem to send 10,000,000 illegal aliens back home in a year with an aggressive enforcement effort. Those are the plain facts. People can make excuses all day long. However, history proves that this defeatist attitude is dead wrong. Mr. Bush should provide evidence that the task is too large, but he can't. The bottom line is that the people of this country (who are supposed to be running things) want our immigration laws enforced, but many politicians simply lack the will to let us do our jobs properly. What Mr. Bush really means is that he and others lack the intestinal fortitude to see our laws enforced. You might even say it's "hard work" to enforce the laws. As the radical pro-illegal immigration activists like to say, "Si, se puede " .
I bought a bird feeder. I hung it on my back porch and filled it with seed.
Within a week we had hundreds of birds taking advantage of the continuous flow of free and easily accessible food.
But then the birds started building nests in the boards of the patio, above the table, and next to the barbecue.
Then came the poop. It was everywhere: on the patio tile, the chairs, the table...everywhere.
Then some of the birds turned mean:
They would dive bomb me and try to peck me even though I had fed them out of my own pocket.
And others birds were boisterous and loud:
They sat on the feeder and squawked and screamed at all hours of the day and night and demanded that I fill it when it got low on food.
After a while, I couldn't even sit on my own back porch anymore.
I took down the bird feeder and in three days the birds were gone.
I cleaned up their mess and took down the many nests they had built all over the patio.
Soon, the back yard was like it used to be...... quiet, serene and no one demanding their rights to a free meal.
Now lets see....... our government gives out free food, subsidized housing, free medical care, free education and allows anyone born here to be an automatic citizen.
Then the illegal's came by the hundreds of thousands.
Suddenly our taxes went up to pay for free services; small apartments are housing 5 families: you have to wait 6 hours to be seen by an emergency room doctor: your child's 2nd grade class is behind other schools because over half the class doesn't speak English: Corn Flakes now come in a bilingual box; I have to press "one" to hear my bank talk to me in English, and people waving flags other than "Old Glory" are squawking and screaming in the streets, demanding more rights and free liberties.
Maybe it's time for the government to take down the bird feeder.
If you agree, pass this on.........
"No Gravy Train for Illegal Aliens" law
Video: Effect of Georgia passing JUST a SMALL PART of "No Gravy Train for Illegal Aliens" law
THIS LAWS WORKS! Illegal aliens are self-deporting from Georgia
Oklahoma has passed it now, too. Look what is happening!
http://www.ktul. com/news/ stories/0807/ 449699.html
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