Is Illegal Immigration a Criminal or Civil Matter?

A question of Civil v. Criminal Jurisprudence

If entering the United States without the permission of our government is illegal, why is it not a crime? The simple answer: the federal government treats all immigration matters under civil law except when it treats immigration matters under criminal law.

As teenagers say, “It’s complicated.” Ask a lawyer and the answer will be, “It all depends.”

Civil Law

Civil law is the body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters.1

It is a body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law. Civil law systems, which trace their roots to ancient Rome, are governed by doctrines developed and compiled by legal scholars. Legislators and administrators in civil law countries use these doctrines to fashion a code by which all legal controversies are decided.2

Criminal Law

Criminal law is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.3

Criminal Law, as distinguished from civil law, is a system of laws concerned with [the] punishment of individuals who commit crimes. Thus, where, in a civil case, two individuals dispute their rights, a criminal prosecution involves the people as a whole deciding whether to punish an individual for his conduct or lack of conduct (i.e. omission). Just as the people decide what conduct to punish, so the people decide what punishment is appropriate. Accordingly, punishments vary with the severity of the offense—from a simple fine (e.g. for a traffic violation) to loss of freedom (e.g. for murder).4

Key Differences

The Burden of Proof – The burden of proof in civil litigation is lower for plaintiffs than the burden of proof is for prosecutors in a criminal case. A prosecutor has to prove a case against a defendant beyond a reasonable doubt. In a civil case, the standard is much lower.5

The Complexity of Law – Illegal aliens are “Any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers6 Illegal aliens are subject to both civil and criminal prosecutions.

Immigration Court vs. Criminal Court – Click on the image below for a video explanation from the Desert Sun.
the difference between immigration court and criminal court

My Opinion

The U.S. Constitution does not specifically address immigration. Therefore, throughout the early years of our republic, the states passed various and sundry laws that regulated immigration. In 1941, in the Hines v. Davidowitz, 312 U.S. 52 (1941) case, the Court found that Congress intended to completely occupy the immigration field with one all-embracing system. There, the Court held that the States lacked the authority to complement or to enforce additional regulations related to alien registration.8

Article I, Section 8 stipulates, “The Congress shall have Power … To establish an uniform Rule of Naturalization…7

Because DACA fits nowhere within the definition of ‘uniform’ law, it is unconstitutional and contributes to the massive and complex backlog in the immigration courts.

DACA was created by the Barack Obama administration and is not a law passed by Congress. President Barack Obama had no authority whatsoever to make law, as per the Supremacy Clause in Article VI of the Constitution. President Donald Trump recognized the unconstitutionality of DACA and reversed the Obama executive order, giving Congress until March of 2018 to craft appropriate immigration law. Adding to the confusion, a federal judge, a Clinton appointee, in San Francisco, blocked this president and unconstitutionally declared DACA shall continue.8

A volatile conglomeration of unconstitutional decrees by Obama, unconstitutional rulings by federal district judges, and an extremist Democrat bloc of lawmakers hell-bent on defeating any and all initiatives of President Trump make for a perfect Constitutional crisis ‘perfect storm’.

Meanwhile, so-called DACA ‘dreamers’ and Democrat sympathizers take to the streets with angry fists aloft, demanding to be legalized using profane, uncivil language. Personally, I have no sympathy for people who demand anything from me. No doubt most of my fellow Americans think this way, also.

Apparently, no one, not even Democrat voters, can bring common sense order to the leftist congressional Democrat delegation. Therefore, the Republican Party bears the burden of providing high-quality candidates to replace the obstructionist Democrats in Congress.

Back to the question in the title: is illegal immigration a civil or criminal matter? The answer is yes, both. It should be one or the other, but it’s not. This is a problem only the lawmakers in Congress can solve.

If Republicans can hold the majority and add to it, a uniform immigration policy can be crafted. If not, the Democrat extremists will continue to erode the rule of law as the United States of America dissolves into a third-world morass of corruption and loss of liberty.

May God have mercy on America.

John White
Rockwall, Texas

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State of the — Democrat Party?

My, how things have changed since I left the Democrat Party. And, the changes are best summed up in Democrat reactions to President Trump’s State of the Union speech this week.

Where President Barack Obama used the first-person singular pronoun ‘I’ exclusively, President Donald Trump used the first-person plural pronoun ‘we’.

What made the Democrat lawmakers scowl and flee the room and liberal media – Democrat sycophants – and the ACLU cringe? President Trump touted the many wonderful attributes of America, the United States thereof.

  • Unemployment is down, way down-
  • Millions of American workers are getting pay raises and substantial bonuses due to the President’s tax cuts
  • The stock market is hotter than it’s been since 21010
  • Trillions of U.S. capital are headed back to our shores
  • Factories are expanding, some relocating from China to the U.S.A.
  • Welfare is down, way down

During the State of the Union speech, Nancy Pelosi scowled, Luis Guttierez fled the room, the ACLU decries the President’s promotion of American values, and the liberal media gang, progenitors of #FakeNews attack the Chief Executive.

This is the consequence of changes in the Democrat Party leadership: The Democrats no longer represent the working people of America. That part would be better named the Socialist Party of America. Bernie Sanders openly admits his penchant for socialism while present Democrat Party leaders promote socialism while calling it something else.

Socialist governments don’t like prosperity because it weans the people off the government welfare tit. President Trump promotes and works to restore a free-market America where anyone willing to work can achieve the American dream.

The disastrous Affordable Care Act – ObamaCare – was a tool of the socialist to curtail our freedoms, likewise radical Democrat gun-control initiatives that would eviscerate the Second Amendment which exists to assure the American people will always have a measure of defense against tyrannical governments.

Thus my invitation to all traditional Democrat and independent voters to elect true representatives to Congress.

John White
Rockwall, Texas

 

The #SchumerShutdown – Holding the Union Hostage (a continuing saga?)

schumer holds federal government hostage over daca
Congressman Thomas Massie teaches Federal Budget 101 – Link to video on the congressman’s Facebook page.

It’s the law, but Congress doesn’t follow the law. The big hangup, the budgeting trap is the Senate filibuster rule whereby the majority is unable to function as a majority.

At present, Sen. Chuck Schumer is hell-bent on placing his party-building immigration overrides before a sound budget. This is why his if-I-don’t-get-what-I-want-I’ll-leave-a-scorched-earth tactic was called the #SchumerShutdown. Are we now on our way to a #SchumerShutdown number 2?

Oh, Sen. Schumer seemed to come to his senses and Republicans shouted “Victory!”. But that short-lived victory came to a screeching halt after a mob of DACA fans showed up at his home. [See story in The Blaze http://bit.ly/2E43v1X ]

The President pledged to build a border wall and he was the winning candidate for office. As is customary, and unlike career politicians, successful businessman Donald Trump is actually doing precisely what he promised the American people he would do.

America is doing extremely well because this president is acting to fulfill his promises. He has been under constant attack by the Democrats and RINOs from even before he was elected. The RINO attacks have subsided, but this relentless assault underway by deep-state Democrat operatives, if successful, will bring on a recession that will almost overnight become a global depression that will eclipse what we experienced in the Great Depression.

Perhaps that is the goal of the Democrat oligarchy. I have no inside information, just an educated guess. The downfall of this sitting president would collapse our economy, shutoff capital investments that drive the economy to historic heights. If such should happen, this nation will cease to exist as a bastion of freedom. There is no place to which we can seek refuge.

A former mayor of Rockwall said of the last recession that he acknowledged the ship of state was sinking, but “Rockwall is in the crow’s nest“. I remembered how, when the Titanic sank, the crow’s nest went to the bottom of the sea along with the rest of the ship.

It won’t just be hungry out-of-work Republicans looking for sustenance, hungry out-of-work Democrats will be standing in the same bread lines.

John White
Rockwall, Texas

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The Schumer Shutdown – What Is The Issue and What Is At Stake

Despite what happened throughout the eight years under Barack Obama, there is a standing tried-and-true process by which we fund the federal government.

Learn how this process works from a guide to the federal budget process prepared by the Washington Post.

What’s behind the #SchumerShutdown?

Mario Murillo says, “The intention of the democratic party is clear: They want votes no matter what the cost. There is nothing noble about what they are doing. They don’t care about poverty, they don’t care about safety, they don’t care about equality. They are in it for votes. Period.” Read more from Mario: THE INTENTION OF THE DEMOCRATIC PARTY, 20 January 2018

In 2012, Forbes Magazine described President Barack Obama as The Biggest Government Spender In World History. Is this true? Was he the biggest spender in history? Let’s examine the record.

On January 20, 2009, when Barack Obama was inaugurated as president, national debt was $10,626,877,048,913.

On January 20, 2017, our national debt was a staggering $19,944,429,217,106.00.

President Barack Obama added more debt than the sum of the 43 previous presidents, from Washington to Bush 43: an increase of $9,317,552,168,000! How did Obama effectively double our national debt? He avoided the proven, historic, and constitutional budget process. Over his eight years in office, the feds were kept on life support through a series of continuing resolutions.

Big Government Democrats love the continuing resolution process and the ridiculous 60-vote rule in the Senate to override a filibuster. Try to find this word ‘filibuster’ in the Constitution. Can’t find it, can you?

The filibuster is a tool of the minority to impose its will on the majority. I say it’s pastobama on ending the filibuster time for the so-called nuclear option whereby the filibuster falls into the dustbin of history.

Who created the nuclear option and has it ever been exercised? Democrats used the nuclear option in 2013 to push through scores of Obama appointees, activists all. ‘Squishy’ Republicans like Lindsey Graham then thought the filibuster a great thing and encouraged Democrats to keep the filibuster.

On 22 Aril 2010, in sworn testimony before the U.S. Senate Committee on Rules and Administration, Sarah A. Binder, a Brookings Institute Senior Fellow on Governance Studies, rehearsed the history of the filibuster. She explained how it was a mistake. Learn more from Testimony: The History of the Filibuster.

The Issue

Democrats want a government so big as to control every aspect of your life.

What is at Stake

National sovereignty and your individual liberty are at risk. As it is written, the borrower is a servant to the lender. Shall we be the servants of communist China?

Action

  • Encourage your two U.S. Senators to call for the nuclear option to kill the Senate filibuster.
  • Pray for your President and all elected officials.
  • Tell the President you want the Senate to exercise the nuclear option.

John White
Rockwall, Texas

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Thankful for God’s blessings, indifferent to the curses of millionaire football players

Can God bless America? Why would God bless America and not bless all the other nations?

God bless America.png

There is a story behind the story of today’s news.

I quote Performing Songwriter on the story of the Irving Berlin song made famous by singer Kate Smith: God Bless America.

In 1940, both the Republican and Democratic parties adopted the song as their theme. Realizing that it would look improper to collect royalties on a patriotic ode, Berlin established a trust, the God Bless America Fund, which distributed all proceeds to the Boy and Girl Scouts of America.

The song wasn’t without its critics. Certain Democrats called the song jingoistic, questioning why God should bless America and no other country, and what about separation of church and state? Others griped about Berlin’s pedigree. As a Russian Jew who immigrated to the U.S. in 1893, why should he speak for America? A prominent pastor in New York, Edgar Franklin Romig, grabbed headlines by calling the song a “specious substitute for religion.”

One songwriter who didn’t like Berlin’s anthem was Woody Guthrie. It’s said that he got so fed up with hearing Kate Smith on the radio, he wrote a rebuttal in “This Land Is Your Land.” In the original version of Guthrie’s classic, he painted pictures of a desolate, corrupt country, ending each verse with “God blessed America for you and me.” Learn the full story behind the story from this link: http://performingsongwriter.com/god-bless-america/

Regarding millionaire professional football players who hold disdain for our nation, a poem by Sir Walter Scott comes to mind: ‘The Lay of the Last Minstrel’, Canto sixth.

Breathes there the man, with soul so dead,
Who never to himself hath said,
This is my own, my native land!
Whose heart hath ne’er within him burn’d,
As home his footsteps he hath turn’d,
From wandering on a foreign strand!
If such there breathe, go, mark him well;
For him no Minstrel raptures swell;
High though his titles, proud his name,
Boundless his wealth as wish can claim;
Despite those titles, power, and pelf,
The wretch, concentred all in self,
Living, shall forfeit fair renown,
And, doubly dying, shall go down
To the vile dust, from whence he sprung,
Unwept, unhonour’d, and unsung.

Yes, it is God who blessed America. Our greatness comes not from ourselves but from the One who formed us and set us as a shining city on a hill.

As for the unthankful, disrespectful millionaire football players, despite their boundless wealth, titles, power and pelf (look it up), they shall pass into the dustbin of history unwept, unhonour’d, and unsung. They will no doubt meet up with Woody Guthrie someday.

John White
Rockwall, Texas

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Impeaching the Impeachment Talk

senator chris murphy and president donald trump.png
“I don’t see President Trump acting very differently as a President than he did during the campaign. He did win the Electoral College despite this bizarre behavior as a candidate. So, you can’t impeach somebody for doing what they said they were going to do as a candidate. And whether we like it or not, he is fulfilling all of the very reckless promises or trying to fulfill some of the reckless promises he made during the campaign.” – Senator Chris Murphy (D-CT)

Is it possible the reason we, the American majority, expect great things from President Trump is due to the character quality highlighted by Senator Murphy? Yes, President Donald Trump is trying to fulfill the promises he made during the presidential election campaign.

In fact, as you can see for yourself, in at least the last nineteen years his views have been no different than they are at this moment in time. Tim Russert interviewed businessman Donald Trump on October 24, 1999.

Let’s demand that our U.S. senators and Representatives follow his example: Do what you promise to do.

John White
Rockwall, Texas

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Shall the pot call the kettle black? A word study on bigotry

Words have meanings. This is why laws and contracts feature definitions at the top of the documents. An all too commonly used word today is bigot. It seems appropriate to learn the meaning of this word. Don’t you agree?

words of the day - Bigot and Bigotry
When someone disagrees with our president on any matter, that label of bigot gets thrown his way. There are folks labeling former Sheriff Joe Arpaio as a bigot because he defied an unconstitutional order from a federal judge.

It seems to me a lot of folks who freely use that word may not know what it actually i dont think it means whay you think it meansmeans. This is true for a lot of American English words, words like incredible; if truly incredible (unbelievable) why would use this word to describe something wonderful as something unbelievable?

Back to bigot and bigotry.

a person who is intolerant of any ideas other than his or her own, especially on religion, politics or race

My understanding of the American English vernacular (estilo Tejano) is this – the person labeling another as bigotted is himself or herself a bigot.

Actions have consequences.

How does one gain advantage through bigotted name-calling? Answer: It doesn’t happen. Instead, name-calling self-identifies the person engaged in name-calling and sets up confrontations, battle lines.
The above came to mind because you see, I am also guilty of labeling persons who think differently than I do.

A debate of ideas is how peace is made. Name-calling spells the end of the debate.

I recently posted a discussion on HRES 257 a bill before the House to outlaw animus – thoughts. HRES 257 is a desperate, unwise attempt by Congress to quell public unrest. Has anyone in Washington, D.C. considered the consequences of outlawing thoughts? Do lawmakers actually think nullification of the First Amendment natural right to freedom of conscience a good measure?

Please join me in refraining from bigotry. As it is written,

Come now, and let us reason together, saith the Lord: though your sins be as scarlet, they shall be as white as snow; though they be red like crimson, they shall be as wool.

John White
Rockwall, Texas

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