Congress Had Better Close This Loophole Quickly

A loophole that will be readily and eagerly exploited by the illegal community once the word gets out on this ruling from a Kansas Appeals Court of late.

Seems in all their brilliance and intellectual superiority (sarcasm off now) they forgot to criminalize being ion the US after crossing illegally into the country.

That's right, it's illegal to cross into the country in the manner which aliens use on the southern border with more frequency than the legal avenues in which to do so, that can take as we all know years of paperwork and patient waiting. However it's not illegal to then remain here in the country thereafter according to this judge's interpretation of the situation which must be correct as the pertinent law doesn't exist.

What a blunder this is and getting congress to rectify this will be like pulling teeth from a pissed off crocodile as they can let themselves off the hook by quietly and conveniently leaving this little loophole untied. That is of coarse until we the public gets up and starts complaining, so let's get out the keyboards again and go to the right sidebar or click here and find your local congressional idiots, thereby letting them know how you feel about this little tidbit of information.

Court rules: Illegal aliens not really 'illegal'

WorldNetDaily: "An appeals court has concluded that just being an illegal alien in the United States doesn't necessarily violate the law, so a judge cannot deny probation and require a jail sentence for a convicted drug dealer who is an illegal alien. The opinion from the Kansas Court of Appeals came in the Barton County case involving convicted drug dealer Nicholas L. Martinez.

The ruling found that "while the laws of the United States make it illegal to enter the United States without authorization, being in the United States after entering illegally is 'not necessarily a crime.'"

The trial court judge had ordered Martinez to jail on the grounds he is an illegal alien, the report said.

But the appeals court overturned that decision.

"[Federal law] declares an alien's unsanctioned entry into the United States to be a crime. While Congress has criminalized illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported and has again entered this country illegally," the court opinion said. "[Federal law] makes it a felony for an alien who has been deported to thereafter reenter the United States or at anytime thereafter be found in the United States."

The court ruling explained that those entering the United States illegally are subject to deportation, which can be based on "any number of factors."

Judge Patrick McAnany, who wrote the opinion

"However, while an illegal alien is subject to deportation, that person's ongoing presence in the United States is and of itself is not a crime unless that person had been previously deported and regained illegal entry into this country," the ruling, written by Judge Patrick McAnany, said. continued

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