United States nationality law and List of United States immigration laws Immigrants can be classified as illegal for one of three reasons: entering without authorization or inspection, staying beyond the authorized period after legal entry, or violating the terms of legal entry.[58] Section 1325 in Title 8 of the United States Code, Improper entry of alien, provides for a fine, imprisonment, or both for any noncitizen who:[59] enters or attempts to enter the United States at any time or place other than as designated by immigration agents, or eludes examination or inspection by immigration agents, or 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. The maximum prison term is 6 months for the first offense and 2 years for any subsequent offense. In addition to the above criminal fines and penalties, civil fines may also be imposed. Arizona, which passed immigration enforcement law Arizona SB 1070 in April 2010, is currently the toughest bill on illegal immigration in the United States,[60] and is being challenged by the Department of Justice as encroaching on powers reserved by the United States Constitution to the Federal Government.[60] On July 28, 2010, United States district court judge Susan Bolton issued a preliminary injunction affecting the most controversial parts of the law, including the section that required police officers to check a persons immigration status after a person had been involved in another act or situation which resulted in police activity.[61] The Mexican Constitution grants citizens freedom to travel. The Constitution stipulates also that the right to cross border migration is authorized only if other applicable laws and requirements are observed, and when certain prerequisites have been met.[62] Prevention[edit] Main article: United States–Mexico barrier In October 2008, Mexico agreed to deport Cubans using the country as an entry point to the US. Then-Cuban Foreign Minister Felipe Pérez Roque said the Cuban-Mexican agreement would lead to the immense majority of Cubans being repatriated.[63] The main prevention to illegal immigration is by entering the country legally and getting your papers in order. There are many ways to enter the U.S. legally although the immigration process is very dependent on each individuals independent circumstances.[64] Employment[edit] Illegal immigrants are generally not allowed to receive state or local public benefits, which includes professional licenses.[65] However, in 2013 the California State Legislature passed laws allowing undocumented immigrants to obtain professional licenses. On February 1, 2014 Sergio C. Garcia became the first undocumented immigrant to be admitted to the State Bar of California since 2008, when applicants were first required to list citizenship status on bar applications.[66] Audits of employment records in 2009 at American Apparel, a prominent Los Angeles garment manufacturer, by the Immigration and Customs Enforcement (ICE) agency uncovered discrepancies in the documentation of about 25 percent of the companys workers. This technique of auditing employment records originated during the George W. Bush presidency and has been continued under President Obama. It may result in deportations should definite evidence of illegality be uncovered, but at American Apparel the audit resulted only in the termination of employees who could not resolve discrepancies. Most fired workers, some of whom had worked a decade at the plant, reported that they would seek other employment within the United States. This technique of enforcement is much less disruptive than mass raids at workplaces. The Obama administration has pointed out that they do not follow the Bush administration pattern of raids with a mass roundup of workers. That method had been criticized for disrupting businesses, and breaking up immigrant families. However, the chief executive of American Apparel said of the new policy: No matter how we choose to define or label them, illegal immigrants are hard-working, taxpaying workers.
Posted on: Thu, 20 Nov 2014 06:09:23 +0000
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