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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ACLU Treachery Claims 2 Lives

The ACLU lied and manipulated the Judicial branch to create a right to abortion for an illegal-alien teenager. Read the full report from World Net Daily:

JUSTICE DEPARTMENT – ACLU LIED ABOUT ABORTION FOR ILLEGAL-ALIEN TEEN 11-6-2017

judges on the dc appellate court and their party affiliations
Active Judges on the United States Court of Appeals for the District of Columbia Circuit

According to a brief filed by the Department of Justice, the abortion was rushed to prevent the due process of justice that would have spared the life of the teen’s unborn child.

I applaud Attorney General Jeff Sessions and the Department of Justice for standing for life.

Steve Bannon predicted it will take 50 years to fully drain the D.C. swamp and the D.C. appellate court is the poster child for removing leftist federal judges from office. The two charts, one above, the other below, reveal why unborn children will continue to be murdered in the womb.

dc appellate court partisan breakdown

ACLU treachery claimed two lives: the life of an innocent unborn child and the life of the teen mother who will die a thousand deaths over her lifetime.

John White
Rockwall, Texas

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GOP House Comes Through With Tax Reform

What’s in the bill? Read the full text here: HR-1-House-Tax-Reform-Bill

Democrat lawmakers falsely claim the middle class will not benefit.

Moynihan-quote-you-are-entitled-to-your-opinion-but-you-are-not-entitled-to-your-own-facts-daniel-patrick-moynihan-36-8-0815
Enter a capSELRES_615b7b36-3fce-4824-b520-168090538d95SELRES_de37c7d5-28d0-47ce-8437-78e60c4310d2SELRES_1d97a2a5-5755-4b2f-a64f-fef649a2321aSELRES_1d97a2a5-5755-4b2f-a64f-fef649a2321aSELRES_de37c7d5-28d0-47ce-8437-78e60c4310d2SELRES_615b7b36-3fce-4824-b520-168090538d95Senator Daniel Patrick Moynihan – click on the image to learn about this great man

A couple weeks ago, Democrat lawmakers pushed a bill that would raise taxes $10 trillion and spending by $11 trillion. If this were to actually happen, the United States of America would inevitably fall into an economic depression from which we would probably never recover.

The Bottom Line

Republican lawmakers are keeping their campaign promises.

We are on our way to Make America Great Again.

John White
Rockwall, Texas

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Is there truly an economic benefit to lower taxes?

Is there truly an economic benefit to lower taxes?

obama-vs-reagan-economics

I can attest to the veracity of this chart above from Sen. Ted Cruz. President Reagan held office from 1981 through 1989. We started our business in 1987 in the aftermath of the I-30 condo scandal that wiped out several savings-and-loan companies. It was an improved economy that got us over that disastrous scandal.

We enjoyed a booming business under two presidents, “government is the problem” Reagan and “it’s the economy stupid” Clinton.

gdp under 12 presidents

Taxes paid to governments by no means deserve to be labelled “investments”.

Investment defined: the investing of money or capital in order to gain profitable returns, as interest, income, or appreciation in value

Taxes NEVER appreciate your value. It is the returns on investments that add value.

Gross Domestic Product (GDP) is a measure of economic activity that represents “the total dollar value of all goods and services produced over a specific time period.” [investopedia.com]

Trump haters virulently oppose tax cuts even when tax cuts work to their benefit. Blind hatred as defined in the Urban Dictionary is “to strongly dislike something without knowing the facts, or by using false information“. The Bible warns:

He also told them this parable: “Can the blind lead the blind? Will they not both fall into a pit? – Luke 6:39

Here’s a little wisdom if you can handle it: A rising tide floats all boats. This means that economic growth is good for Republicans, Democrats, Libertarians, anarchists, socialists, Christians, Jews, Muslims, atheists, and communists. (Anyone left out?)

Here’s a little more wisdom: Profitability of businesses forms capital to fund new businesses and to expand existing enterprises. We business owners are the folks who risk our net worth to provide goods and services and employment to add to your net worth.

No nation in all history has ever taxed itself into prosperity.

“I contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.” – Sir Winston Churchill

As it is written in Holy Scripture, “you will know the truth, and the truth will set you free”.

John White
Rockwall, Texas

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A Fourth Reason to Fire Robert Mueller

 

white house aides shopping deal with assange - Daily Caller screenshot.PNG
Daily Caller screenshot

 

Deep state bipartisan operatives successfully empowered former FBI director Robert Mueller’s ‘witch hunt’ to uncover something, anything, that will serve to stop President Trump from accomplishing his agenda. Let’s never forget that his agenda is our agenda.

Mueller staffed his legal team with Democrats who are known Hillary supporters. Unable to uncover any evidence whatsoever against Donald Trump regarding alleged Russian collusion, Mueller has nullified the Fourth Amendment prohibition against warrantless searches. The special prosecutor has extended his warrantless search to ten years of businessman Trump’s financial records. At present, Mueller moves his inquisition into the White House to interrogate the president’s staff.

Mueller’s warrantless searches mirror the infamous British Writs of Assistance that were the basis for the Fourth Amendment.

Historical Background on the Fourth Amendment

In the decade preceding the American Revolution, British governors of the American colonies would issue Writs of Assistance, essentially an unlimited search warrant with which British soldiers could enter any home or business at any time without cause. They would search relentlessly, looking for evidence of illegal contraband. Finding any such, they would seize whatever they fancied without compensating the person from whom the alleged contraband was taken.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Let’s Make a Deal

Wikileaks Founder Julian Assange has an indisputable track record spanning a dozen years. Not once has even one of his disclosures of deep state operations been proven false.

Making America Great Again

My son-in-law has an old car he bought as a restoration project. He wants to make that car great again. To get there, all the fundamentals of automotive mechanics must be restored to the manufacturer’s specifications.

Unconstitutional laws, burdensome taxes, and a behemoth bureaucracy threaten the foundations of our Republic. The 2016 election of Donald Trump as our 45th President marked a turning point in our decline.

The special prosecutor was appointed ostensibly to investigate alleged collusion between the Russian government and the Trump election campaign.

To me, the President’s open acknowledgment of the sovereignty of God in human affairs was the turning point.

President Trump is a threat to the Washington establishment and an ally of patriotic Americans.

How do we make America great again? We restore Constitutional order and we honor our creator.

Creation of the Bill of Rights wasn’t the outcome of lobbyists pouring money into congressional campaign coffers. The first ten amendments came to us through lessons learned under the tyrannical British government.

If lawmakers on both sides of the aisle put America first over partisan interests, Mueller will be fired and corrupt officials will be exposed.

If I had the President’s ear, I would urge him to make the deal with Julian Assange. Mueller’s abuse of the Fourth Amendment is sufficient reason to fire him.

John White
Rockwall, Texas

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Venezuela struggling through a Cuban-style “Special Period”

Headline: Venezuelans Eating Dogs, Zoo Animals as Economy Collapses

venezuelans eating dogs.png
After the collapse of the Soviet Union, Cubans suffered greatly through what Fidel Castro called “The Special Period“. Collectively, the collapse of the USSR and the subsequent Cuban “Special Period” (my Cuban friends always make quotation marks when they mention this phrase) demonstrate the inevitable end of a socialist economy.

This is the result of 18 years of misery and socialis[m], and we have the responsibility to denounce it, but above all to do what is necessary to change it. To wait another year is to prolong hunger, allow more deaths, it is pain. How much more will we ask the people to withstand?” – Vente Venezuela Coordinator Javier Chirinos

What’s next? I foresee a violent and bloody civil war in Venezuela’s future. A Civil war in Venezuela could (and probably will) ignite rebellions in Columbia and Ecuador. I can even imagine anti-government uprisings in Mexico.

There are communists in all western hemisphere countries who hate Americans as they oppose civil freedoms.

Nicolás Maduro is without a doubt attempting to establish a communist government in his country of Venezuela. His adoration of Fidel Castro and his use of Cuban bureaucrats to run Venezuelan government is all the evidence you need.

John White
Rockwall, Texas

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President Trump pardons former Sheriff Joe Arpaio and the liberals go nuts

President Trump pardoned former Sheriff Joe Arpaio. For what crime was he pardoned?

arpaio and trump - pardoned
Photo credit: CNN

United States District Judge Susan R. Bolton sentenced sheriff Joe Arpaio to prison for contempt of court. She ordered him to cease reporting illegal aliens to ICE. Yes, she ordered him to violate federal law – a federal judge orders a state sheriff to violate federal law. That was his so-called crime.

This morning I read via Twitter John McCain condemned President Trump’s pardon of Arpaio. Sen. McCain accused President Trump of not following the Rule of Law.

For the point of law, let’s understand what the president did. He followed Article 2, Section 2 of the U.S. Constitution which states, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

The Constitution empowers the president to pardon anyone, anytime, for any reason except impeachment. Period. Precedent? How about President Bill Clinton’s pardon of a criminal fugitive Marc Rich.

It is John McCain and a rogue federal judge who do not follow the rule of law.

Now you know the rest of the story.

John White
Rockwall, Texas

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