Legal Question in Constitutional Law in Arizona
In Regards to the Controversy over Arizona SB1070-HB2162 and its partial Blocking by Judge Susan Bolton's Ruling, if find myself perplexed.
In Judge Bolton's Ruling, Page 5, lines 16-17-18 - She States that:
"Unlawful presence in the United States is not a federal crime, although it may make the alien removable. See id. �� 1182(a)(6)(A)(i), 1227(a)(1)(B)-(C).3".
In looking at the Sections she references, I find that the law says just exactly the opposite.
What Am I MISSING???
Is there another section or ruling that is not being referenced here that supports the Statement, or is this Judge Wrong in her statement?
Tom
1 Answer from Attorneys
No, she's right. Not everything the law forbids is a crime. Illegal entry is a civil infraction, sort of like a serious traffic ticket.
There's good reason for it not being a crime. If it were, the accused would be entitled to trial by jury and the government would have to prove its case beyond a reasonable doubt. They would also be entitled to Miranda warnings and to the exclusion of evidence obtained in a variety of ways. There would be other due process requirements that would make processing illegal aliens harder.
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