Theodore's World: "Being undocumented not a crime"

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April 29, 2008

"Being undocumented not a crime"



Top federal prosecutor in NJ: Being undocumented not a crime

DOVER, N.J.

New Jersey's top federal prosecutor told a Latino group it's a civil offense — not a crime — for immigrants to live in the country without proper documentation, a comment that a spokesman later said was aimed at a narrowly worded question.

U.S. Attorney Christopher Christie, widely considered to be a leading GOP contender for governor next year, spoke Sunday in response to a question on illegal immigration at an open forum that grew heated. He said living in the U.S. without immigration paperwork is "an administrative matter" that federal immigration officials are supposed to address through deportation.

"Don't let people make you believe that that's a crime that the U.S. attorney's office should be doing something about," Christie was quoted as saying in The Star-Ledger of Newark for Monday editions. "It is not."

Christie stressed that lacking immigration documents is not a crime unless the person was previously deported.

Critics quickly categorized Christie's remarks as soft on illegal immigration.

In a statement clarifying the remarks, Christie spokesman Michael Drewniak said that although lacking documents is not necessarily a crime in itself, it is a federal misdemeanor to enter the country without going through the proper immigration channels, or to enter by using fraudulent documents.

Christie "did not say, nor did he mean, that entering this country through any means other than the appropriate immigration channels, or to enter by using fraudulent documents.

Christie "did not say, nor did he mean, that entering this country through any means other than the appropriate immigration channels is a lawful act. It is not," Drewniak said in a statement.

An immigrant could be in the country illegally without making an illegal entry or using fraudulent documents if he or she overstayed a visa.

Christie, who was appointed by President Bush in 2001, made the remarks during a community forum organized by the Latino Leadership Alliance of New Jersey.

He told the audience it doesn't take a "genius" to see there's a serious immigration problem in this country and that the U.S. needs tighter border security.

"If there are people out there committing crimes, they should be dealt with," he said. "If there are undocumented people running around, then Immigration and Customs Enforcement should do their jobs."

Edward Correa, a member of the Latino Leadership Alliance, said the dozens of people who attended Christie's speech had a mixed reaction to his comments.

In 2005, U.S. Rep. James Sensenbrenner introduced legislation to criminalize any undocumented status. Though the attempt was unsuccessful, it triggered massive pro-immigrant marches across the nation.



Wild Thing's comment........

U.S. Attorney Christopher Christie needs to go back to law school. All those people who snuck across the US border are CRIMINALS.



...Thank you Lynn for sending this article.

Posted by Wild Thing at April 29, 2008 04:47 AM


Comments

Another RINO, and in New Jersey, and a Bush appointee. Now much surprise. Illegal immigration is like a cancer in America that we don't do anything about.

Posted by: TomR at April 29, 2008 12:37 PM


It is a fact that U.S. Attorney Christopher Christie made a bonehead response to a question about illegal aliens that may very well sink his chances of running for and becoming the next Governor of N.J. However, there is more to this story than Christie's statements that:

"Don't let people make you believe that that's a crime that the U.S. attorney's office should be doing something about," Christie was quoted as saying in The Star-Ledger of Newark for Monday editions. "It is not."

As background, Christopher Christie is not a liberal nor soft on crime. In fact, he is probably one of the most effective U.S. Attorney's in the country with a track record of exposing and obtaining numerous convictions of corrupt public officials and their non-elected criminal partners and supporters. The latest being the former mayor of Newark, Sharpe James.

As far whether being an illegal alien is a crime or not, as a matter of law, Christie is more right than wrong. There is no clear agreed to federal statue and law that defines being in this country illegally in all cases as a crime. The Star-Ledger article states:

"In 2005, U.S. Rep. James Sensenbrenner introduced legislation to criminalize any undocumented status. Though the attempt was unsuccessful, it triggered massive pro-immigrant marches across the nation."

So, what is a U.S. Attorney to charge an illegal alien with on the very narrow situation of just being in the country having not followed any legal paths for being and staying in the country? All the laws on the books regard assisting illegal aliens after they are here like obtaining or using forged or stolen documents or soliciting them to come to the country. We all know how weak the penalties and enforcement is of employers who hire illegal aliens are.

A feckless Congress and White House are the real root of the problem for not having clear laws defining illegal aliens as criminals with severe and enforced penalties. This should include the legal authorization and requirement for local, state, and federal authorities to participate in identifying and transferring illegal aliens to the proper agencies for punishment.

So, instead of condemning Christopher Christie for telling the legal truth, even though he handled it poorly, we should thank him for putting the spotlight on what is a major problem that requires an immediate Congressional solution. Wait! Sen. McCain, Sen. Clinton, and Sen. Obama are members of Congress. Why don't they go do their jobs in Washington, DC and fix this problem?

Posted by: Les at April 29, 2008 02:05 PM


Les if they were to do that, i.e., do their jobs that would mean we would have to have three new candidates for President... Hey wait a minute, that's not a bad idea.

Posted by: Mark at April 29, 2008 04:45 PM


Tom, yes we I mean our elected leaders just can't take a stand on this and making people respect the laws of our land.

Posted by: Wild Thing at April 29, 2008 05:31 PM


Les, thanks for the information about Christie I appreciate it.

Posted by: Wild Thing at April 29, 2008 05:39 PM


Mark, heh heh I want three or at least one new one for a candidate. pretty please

Posted by: Wild Thing at April 29, 2008 05:40 PM