Are Immigration Authorities Going After School Children Now?

[babylonsister]

http://www.alternet.org/immigration/84718/

Are Immigration Authorities Going After School Children Now?

By Amanda Martinez, New American Media. Posted May 8, 2008.

If true, then it's hard to imagine the cruelty that resides in these people's hearts.

Editor's Note: Immigration raids near schools in Berkeley and Oakland have sent waves of panic in the communities and may keep undocumented students from attending class, writes NAM education reporter Amanda Martinez.


OAKLAND, Calif. - Berkeley High senior Chase Stern said he was taking an Advanced Placement test May 6, when he noticed that his classmates were fidgeting in their seats and seemed distracted.

He soon found out that the Latino students were receiving text messages and phone calls from family members, warning them that Immigration and Customs Enforcement (ICE) officers were nearby, and that they should be cautious and find their way home because family members could not pick them up.

Scores of undocumented parents began to panic as early as 7: 30 a.m. May 6, as word got around that ICE vehicles were parked near schools in East Oakland and South Berkeley.

Parent liaison Isela Barbosa said she was swamped with phone calls all day. "Parents were so afraid to come to the school, they called family members and neighbors, whoever had papers, to pick up their children."

snip//

One parent liaison, who helped to make phone calls throughout the day to concerned parents, said he thought the fear of deportation was serious. If parents sought his advice, he said, he would tell them to keep their chidren at home, even though the OUSD has assured them that the students would be protected.

NAM reporter Pete Micek contributed to this report.

[proud2BlibKansan]

1. They are flying 3800 a month out of my city alone

THIRTY EIGHT HUNDRED

[babylonsister]

3. Disgusting. I wonder how many are Americans, born on this soil?

I don't even know how this can be legal. :(

[rocktivity]

4. They might be planning to claim that since they're minors

Their citizenship is trumped by their parent's legal responsibility for them.

:shrug:
rocknation

[babylonsister]

5. Making up the rules as they go along? Or maybe changing them?

Sigh. Poor kids. I'm sure these families do feel terrorized.

[rocktivity]

7. Haven't you heard? It's called "The Elian Gonzalzes Clause"

:eyes:
rocknation

[proud2BlibKansan]

9. They leave the kids here in my city

There are usually family members available to take care of them and it is also usually only one parent getting deported.

I know of many parents who have been deported but none who took their kids with them.

[AlphaCentauri]

13. Study says the damage to kids is mental, emotional and economic

http://news.newamericamedia.org/news/view_article.html?article_id=e3f2673455cff7eb8960c52473dc9caa

[proud2BlibKansan]

14. I can verify that

One of my students has a dad who was recently deported. This kid went from being a great kid who NEVER got in trouble to a kid who has been suspended three times in three months. When I talked to him last week and asked him what was going on, he said "I just want my dad to come home".

:cry:

[proud2BlibKansan]

8. I was told they are all undocumenteds

But do I trust a govt agency to do this without making mistakes? LOL

[jody]

2. Sad that children are affected but the question remains, what type of parent knowing they and their

children are illegal would place their children in harms way?

[Anexio]

6. Thanks for that, you beat me to it.

I agree with you. Being here illegally is one thing, but to drag your children into that nightmare is, to me, irresponsible.

There is nothing cruel about this, unless you count the untold billions spent on educating children that shouldn't be here in the first place. When I think about the money that could be spent on public education if the student population went down by 60% here in southern Florida I cant help but think it would have spectacular results.

I really feel for these kids, but I'm angry at the parents.

[proud2BlibKansan]

11. What is cruel is expecting people to starve

just for the sake of keeping a family together.

That is sick.

[Manifestor_of_Light]

What about the legal American citizen kids, and illegal parents?

Ship the parents back, who takes care of the legal American citizen kids who were born here? The foster care system is already overloaded.

Some crackpots want to repeal the citizenship clause of the 14th Amendment, the one that says if you oare born in the United States, you are a citizen.

They can't surgically remove part of the Constitution they don't like.

:banghead:

They also never talk about all those aliens with fake social security numbers who pay into social security and will NEVER SEE A CRYIN' DIME of that money.
It builds up the Social Security coffers.

[depakid]

33. Angry at the parents for not staying having the family face starvation

thanks to US policies such as NAFTA, or angry about parents sending their kids to school?

:shrug:

[proud2BlibKansan]

10. A parent who wants to take care of his/her family, that's who

Don't tell me you would not do everything you could (even if it was illegal) to take care of your family. And if you couldn't support them in your hometown, I doubt any laws would prevent you from going where there is work that pays a decent salary. I know I would do anything. When it comes to my kids, borders and laws are not at all important.

[jody]

16. Given your comments, what type of crimes commited to feed children do you oppose? Murder? n/t

[proud2BlibKansan]

18. Crossing the border illegally is a civil offense

Not a crime.

But I would imagine I could do just about anything to feed my family. I would think any parent would.

[jody]

20. Sorry, "Crossing the border illegally is NOT a civil offense", it's a crime, see 8 USC 1325.

8 USC 1325

1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

NOTE: TITLE 18—CRIMES AND CRIMINAL PROCEDURE

[AlphaCentauri]

21. Key words "a willfully false or misleading representation "

(a)(3) is about using fake documents to enter the country

[jody]

22. Please read the law carefully "Any alien who (1) enters or attempts to enter the United States at

any time or place other than as designated by immigration officers, or "

Have a nice day, :hi:

[AlphaCentauri]

23. a civil penalty of at least $50 and not more than $250 for each such entry

Nothing else for those who cross the border

[jody]

24. proud2Blib said “18. Crossing the border illegally is a civil offense Not a

crime.”

proud2Blib used the qualifier "illegally".

As I pointed out 8 USC 1325 says that’s a crime and shall be tried under Title 18.

What part of that extremely simple statement don’t you understand?

[AlphaCentauri]

25. proud2Blib is correct, it is a civil penalty which mean a civil offense not a crime

Title 18 applies for example to people trying to enter the country with a visa not issued by a U.S. Embassy.

For people crossing the desert or jumping the fence it's a civil penalty

b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

if you can't define what is a civil penalty there is help http://en.wikipedia.org/wiki/Civil_penalty

[jody]

26. Did not SCOTUS in ANTONIO GRANADOS-MONDRAGON v. INS concur that illegally crossed the border was a

crime?

The issue is new to me and I've already discovered strong opinions on both sides of the discussion of 8 USC 1325 (a) and (b).

ANTONIO GRANADOS-MONDRAGON

ON EDIT ADD:
One site says

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. (d) Immigration-related entrepreneurship fraud Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

See http://vlex.com/vid/19271871

ON EDIT ADD:

Organ Pipe Cactus National Monument (AZ)
Sentencing Of Drug Smugglers>

Thirteen Mexican nationals who were arrested in two separate drug smuggling incidents have been sentenced in federal court to extended terms in jail, followed by deportation. On October 2, 2005, rangers arrested ten Mexican nationals who were caught smuggling backpacks of marijuana into the United States. The total weight of the marijuana was 550 pounds. The ten men were indicted on one count each of conspiracy to possess with intent to distribute marijuana (21 USC 846) and one count each of possession with intent to distribute marijuana (21 USC 841). All ten defendants have now pled guilty to one count each of the conspiracy to distribute charges, and have been sentenced to a total of 175 months of commitment with credit for time served and 36 months each of supervised release. They will be deported upon completion of their sentences. On June 28, 2005, rangers arrested another three Mexican nationals, also caught smuggling backpacks of marijuana into the United States. The total weight of the marijuana was 266 pounds. They were indicted on the same to charges. After a lengthy series of motions and hearings, the narcotics charges were dismissed in favor of immigration charges. Two of the men pled guilty to one count each of unlawfully entering the United States from Mexico (8 USC 1325 (a)). They were sentenced to six months commitment with credit for time served. The third man pled guilty to illegal re-entry after deportation (8 USC 1326(a)), with sentencing enhancement pursuant to 8 USC 1326 (b) (1), and was sentenced to 19 months commitment with credit for time served and 36 months of supervised release. They will be deported upon completion of their sentences.

[AlphaCentauri]

28. You refering to fraud not to crossing the border

[jody]

30. See my post #27. n/t

[jody]

27. Border Patrol Sector Chief Carlos Carrillo said any alien who illegally enters the US is a criminal.

“On October 30th, 2007 the U.S. Border Patrol Laredo Sector will launch an initiative we call Streamline-Laredo. Under this program, any alien who illegally enters the United States in the Laredo Sector at locations designated for zero-tolerance will be prosecuted in federal court for violation of Title 8 USC 1325(a)(1); and shall be fined or imprisoned not more than 6 months, or both.

See http://www.culberson.house.gov/news.aspx?A=357

[treestar]

29. However it is labeled, it is only crossing a border without permission

It is hardly the equivalent of murder.

They could also be legal if we just decided they were, by act of Congress.

They aren't hurting anyone here.

[jody]

31. See my post #27. n/t

[AlphaCentauri]

12. Most immigrants don't know the history of racism that exist, they believe in the American Dream

Immigrants don't know nothing about segregation they still have a dream.

[proud2BlibKansan]

15. And unfortunately they are met by too many

whose views mirror some of the negative comments posted on this thread. :mad:

[truebrit71]

17. Unless you are Native American you are ALL illegal aliens here...

...

[proud2BlibKansan]

19. Amen

[DU GrovelBot]

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