Pulitzer Prize winner: illegal immigrant

Does it follow that because we don't prosecute all speeders that we should do away with speed limit laws? (Or raise them to the speeds where we would prosecute every single violator?)

In a sense, yes. To put it another way, I think we need to either take efforts to curb widespread, flagrant violations of the law, or change the law.

I'm not talking about catching every single offender, but am I talking about going after more or less every single offender we can.

And if we don't see the need to do that, then I think that's a pretty good indication that the law should be changed in some way. If selective enforcement is widely necessary, then over time we should modify the underlying law to conform with the executive policy that embodies it.
 
I believe he is advocating the same thing I just did--that enforcement of immigration laws continue to be allowed to use discretion in which cases to prosecute and be allowed to take aggravating and mitigating circumstances into account.

That's what immigration judges are for. Every alien, legal or illegal, has recourse to the Bureau of Immigration Affairs and the Administrative Appeals Office. From there, they can go to the United States District Court, and all the way up to SCOTUS, if their lawyer is good enough. Is there any reason you think this guy (Vargas?) should be allowed to stay in this country without entering this process?
 
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Just to make your position clear. Are you advocating a two-tiered system where those with visible wealth/success can ignore the law and stay in the country, where those of modest means need to go home and reapply for citizenship?

I'm aware that we have a tiered system of justice in this country, but I would hope we'd be working to make it less blatant rather than more.

Not really. I would argue that, say, anyone who can be accepted into an American university should get automatic citizenship.

As for the two-tiered system, I think it should work for everybody. You come in illegally, pay a fine. The fine can be deducted as a percentage of income to make the scale sliding. Someone making $200,000 a year has benefited more from their crime than someone making $20,000. Perhaps it's a permanent penalty of 1% increased income taxes for the rest of their life.

If they have no job, no ability to pay that fine, then give them a choice: deportation or you work for the government performing some thankless task for some amount of time until the fine is satisfied.

We should not be kicking productive people out of our country, regardless of the level of that productivity.

That plan, by the way, is just off the top of my head. I haven't done any research on it.
 
I have noticed (based on this and other threads) that you tend to ignore what the law has to say and just make stuff up to support your position; doesn't seem to matter whether it is true or not.

Yeah, that's ********. Not only is that factually incorrect (go ahead, come up with the links), but it's irrelevant to this discussion since we're discussing proper punishment, rather than the existence of some law.

But it does amuse me that people who have very little experience working with the law become insanely technical about it. My guess is that if you were found in violation of some statute that you thought was absurd, you wouldn't walk into a police station and declare, "I CONFESS." You'd hire someone like me to make sure you weren't screwed because of something stupid.

You may be shocked to learn this, but laws are written by people. People make mistakes and do dumb **** on purpose, thinking it was a good idea. A lot of these errors find their way into the legal code. A lot of laws don't work as intended or have unanticipated consequences.

This is why there are judges. If it were a black and white issue, we could just have a rule book and declare yes/no for any situation that came up. Unfortunately/Fortunately (depending on your perspective) we deal with these things on a case by case basis, taking into to full consideration all relevant facts. And yet people still get unfortunately screwed on dumb technicalities.

It's not a perfect system, why treat it as though it is?

I am not the one who is hiding, that would be Vargas until recently. Ask him to obey the law? Obviously he is unwilling to do that.

Sure, then punish him appropriately. Kicking successful, productive people out of the country based on a victimless crime that actually benefited the nation is a really, really stupid thing to do.

In what way is sending a person back to the Philippines to his family draconian? The Philippines is not "hell on Earth". It is his county of citizenship and there is no reason he cannot go back and apply to re-enter like anyone else who follows the rules.

His life is here. He's been an American since he was 12. You terminate his professional life, his private relationships, and force him to go to a country where the only person he knows is his mother. He essentially knows a handful more people in the Philippines than you and I (and it appears you might be friends with more).

This is an absurd punishment for the crime of being a productive member of our economy.

I have relatives from the Philippines that were able to enter the USA legally. They did not consider their home a draconian thing to be left behind. They left, they traveled back and forth, and they did what they pleased because they did it legally. They can do these things because they choose to obey the law instead of breaking it.

Yes, that's probably because they grew up in the Philippines. They had connections there, Vargas does not. I also notice that you're comparing someone with the choice of travel to a person you're forcing out of the country.

People do tend to feel unpunished when they get to do what they want.

Vargas is not a victim. He could have done the right thing and returned to the Philippines when he was 16. He chooses not to and may now find it difficult to continue to pursue the activities he desires.

Look, that's just dumb. His family went to great lengths to get him over here, and you're honestly demanding that a 16 year old violate the wishes and sacrifices of his loved ones to obey a stupid American technicality?

This is a recipe for a retarded society. If people can produce, they should be welcome in America.
 
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This is an absurd punishment for the crime of being a productive member of our economy.

You are absolutely right. It is however, fair and just punishment for the crime of falsifying identity documents in order to fraudulently remain in the country.

Actually it would still be a fair punishment for that crime to require even more stringent requirements than normal before he is allowed back into the country, because of the previous transgression, but nobody here is even claiming that it is necessary to go that far.
 
His life is here. He's been an American since he was 12.

No he hasn't. He has knowingly been an illegal immigrant since he was 12.

You terminate his professional life, his private relationships, and force him to go to a country where the only person he knows is his mother. He essentially knows a handful more people in the Philippines than you and I (and it appears you might be friends with more).

I sincerely doubt a Pulitzer winner will suffer professional termination.

This is an absurd punishment for the crime of being a productive member of our economy.

I count several possible deportation charges, any one of which can get you tossed: 1) Visa overstay (assuming he entered legally on a nonimmigrant visa, probably B2); 2) Willful failure to report change of address (unless he still lives with his grandmother in the same place - doubtful); 3) Civil document fraud; 4)False claim of citizenship to obtain a benefit. If the criminal courts should convict him of identity theft, that's a possible deportable violation as a Crime Involving Moral Terpitude, and if he's ever voted in a national, state or local election. That's a possible six counts of immigration law violation. How many counts would satisfy you?
 
You are absolutely right. It is however, fair and just punishment for the crime of falsifying identity documents in order to fraudulently remain in the country.

Actually it would still be a fair punishment for that crime to require even more stringent requirements than normal before he is allowed back into the country, because of the previous transgression, but nobody here is even claiming that it is necessary to go that far.

Interesting tactic. Argument by reiteration.

No, falsifying those documents was not a huge problem worthy of massive punishment. Have him pay a fine, but allow him to start working again as soon as possible.

This is the 21st century, we shouldn't allow our craving for emotionally satisfying symbolism to trump practicality.
 
No he hasn't. He has knowingly been an illegal immigrant since he was 12.

Well, I guess we need more illegals around here, then.


I sincerely doubt a Pulitzer winner will suffer professional termination.

He's lucky in that regard. Journalism is a profession with international utility. Nevertheless, barring someone from the country they grew up in, that contains the entirety of their social and professional connections, is punishment.

You and he know about the same number of people in the Philippines, you wouldn't consider finding yourself forced to move there a fairly substantial event?



I count several possible deportation charges, any one of which can get you tossed: 1) Visa overstay (assuming he entered legally on a nonimmigrant visa, probably B2); 2) Willful failure to report change of address (unless he still lives with his grandmother in the same place - doubtful); 3) Civil document fraud; 4)False claim of citizenship to obtain a benefit. If the criminal courts should convict him of identity theft, that's a possible deportable violation as a Crime Involving Moral Terpitude, and if he's ever voted in a national, state or local election. That's a possible six counts of immigration law violation. How many counts would satisfy you?

Again, it is well understood that what he has done could get him tossed. That is not in controversy.

The question is whether it should get him tossed.

If someone wants to break into my bank and steal my money, we've got a problem. Arrest that burglar.

If someone wants to break into my bank and put a couple stacks of hundreds in there, I'll let the breaking and entering slide.

Vargas broke in and made the place better. He should be appropriately punished for the wrongful acts he took (a reasonable fine), and he should be allowed to work again as soon as possible.

We have enough trouble in this country. We don't need to be deporting people with jobs.
 
No, if there are no victims that doesn't automatically mean it's ok to commit the crime. But if there are no victims and the person committing the crime had no intention of harming anyone, and there was no likelyhood of anyone being harmed, then it's only a crime by legal standards, not by ethical standards. This is quite clearly distinct from a crime in which anyone was harmed, harm was intended, or anyone could reasonably have been expected to be harmed.

I'm of the opinion that the spirit of the law is what should be followed, not purely the letter. Identity fraud harms people in many cases, but if it didn't here and was never likely to, then why should anyone care?

Would you agree that the person who has to wait longer in line because he got to skip ahead would be effected? What about all the people waiting , right now, to get in, when this gent gets to do so without any of the proper work?

Imagine, if you will, your waiting in line at McDonalds, a really long line, maybe an hour or so, your hungry, and probably unimpressed at the line itself. The someone comes walking in from the dining area , goes to the head of the line and orders.

Would you not feel wronged? Why should you have to wait, while someone else gets to circumvent the line?
 
Really??? E-Verify??? Please go ahead and Google "e-verify false positives".
I did, and while tehre were problems when it forst rolled out those have been largely addressed. The fals positive rate now is extremely low, <1%. In addition, you can check your info ahead of time now in some locations and this is being rolled out nationwide. You can then correct the information.

This is like promoting the use of polygraph tests to catch criminals
No, it's not. Not even close.
 
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Yeah, what possible harm could there be in someone else using your SSN?

If you're dead, not much. Do we have any knowledge of any harm caused? Do we even know if the guy was alive?

BTW, why the reluctance to allow a judge to make the decision whether he can stay or has to leave? Why shouldn't he present his case in a court of law? He seems to wants to, now; why don't you want him to?

I don't think he should have to, but it would be twisting my words to say I think he should be prevented from doing so even if he wants to.
 
Imagine, if you will, your waiting in line at McDonalds, a really long line, maybe an hour or so, your hungry, and probably unimpressed at the line itself. The someone comes walking in from the dining area , goes to the head of the line and orders.

Would you not feel wronged? Why should you have to wait, while someone else gets to circumvent the line?

Yes, but I don't accept that this is an exact line.
 
Would you agree that the person who has to wait longer in line because he got to skip ahead would be effected? What about all the people waiting , right now, to get in, when this gent gets to do so without any of the proper work?

The legal immigration quotas are not affected by illegals coming into the country.

http://en.wikipedia.org/wiki/Permanent_residence_(United_States)

We currently accept 26,266 unmarried sons and daughters of permanent residents a year. That quota, not the number of illegal immigrants, is what creates the long waits.

Illegal immigration could triple or drop to zero and number 26,267 would still have to wait until next year.
 
I'm not sure. I don't think so, and I don't see why it's relevant. Why do you ask?
You brought up the point, which is why it's relevant. And yes, the CBO assumes no new illegal immigrants.

I don't get it. This just sounds to me like "I would support gay marriage, but not without strict new policies designed to discourage bestiality."
Obvously you don;t get it, because otherwise you wouldn't have made such a ridiculous analogy.

Why tie enfranchisement of a group of people to disenfranchisement of another if the first group is in no position to do anything about the second?
This doesn't even make sense.
 
The legal immigration quotas are not affected by illegals coming into the country.

That's an interesting argument. I think what you means is that legal immigration quotas are not directly effected by the number of illegal immigrants.

Certainly if illegals are having an effect on the labor force and the economy, then a complete absence of illegals would result in a higher capacity to accept legals, at least in the medium/long term. Right?

But the bottom line is this... if we're not going to enforce the line, why should anyone respect the line? And if nobody respects the line, why have a line?
 
It's interesting that people who are normally boosters for the free market, the "I'm socially liberal and fiscally conservative" crowd, change their tune when it comes to immigration.
Oh please, not this mindless analogy again.

Immigration laws have squat to do with a free market.
 

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