Illegal Immigration and Criminal Justice law

Table of Contents

INTRODUCTION3

LEGAL ISSUES ILLEGAL IMMIGRANTS FACE WITH CRIMINAL JUSTICE LAW AND IMMIGRATION LAW.3

Immigration Laws3

Deterrence4

Inquiries at Workplace5

National Borders5

Administrative Centers6

Incarceration6

Banishments7

Criminal Justice Laws7

The AEDPA and IIRIRA Acts of 19967

The USA Patriot Act9

Involvement of Military and Police10

REFERENCES11

Illegal Immigration and Criminal Justice law

Introduction

The people of the USA face an issue which is well known by the Europeans, that is, illegal immigration. Almost three million South Americans and Mexicans succeed to enter into the US by illegal means annually. The system which is implemented for curbing the illegal immigration is a representation of dysfunction. The approximations of the number of illegal immigrants operating all through the country range from twelve million to twenty million people. These are the people who are not liked by the Americans and who work hard but are deprived of almost all the rights. The argument over legalizing such illegal immigrants has been increased lately and also, the president of the US has passed laws and regulations for the order of easing their difficulties.

Legal Issues faced by Illegal Immigrants with Criminal Justice Law and Immigration Law

Immigration Laws

Immigrants may be categorized as illegal due to any one or a combination of the three reasons; entering into the country with no inspection or authorization; staying after entering into the country legally, even after the allowed time period ends; and infringing the terms of legal entrance into the country (Edmonston & Smith, 2005). According to the Section 1325 in Title 8 of the United States Code, the inappropriate or illegal entrance of a person calls for an imprisonment, a fine or both for any immigrant, who

Tries to enter or acquires ingress into the US by a deliberately misleading or false representation or the deliberate suppression of substantial facts;

Evades inspection or examination by agents of immigration; or

Enters or tries to enter the premises of the US at any place or time apart from that selected by the agents of immigration.

The maximal term of imprisonment is six months for offending for the first time and two years for offending for any subsequent number of times. Civil fines, apart from these criminal penalties and fines can also be inflicted. Arizona that generated the immigration enforcement law Arizona SB 1070 in the year 2010 is presently the strictest and sturdy bill in the US passed regarding illegal immigration, and the Department of Justice confronting it as impinging on the authorities held back by the US constitution to the federal government.

Susan Bolton, the judge in the US district court, on the twenty eighth day of July, in the year 2010, passed a prelude embargo impacting the most contradictory aspects of the legislation, entailing the segment which necessitated the police officials to check the immigration status of an individual after the individual had been involved in some other situation or act that lead to the police action. The constitution of Mexico endows freedom of travelling to the citizens. The Constitution also provides that the right of migrating across the border is allowed only in ...