Liberty weeps - her lamp extinguished

The US is now separating parents and their children at the border.  AG Sessions has said that if parents want to keep their children, they shouldn't bring them across the border illegally.

Sessions does not know the law. Someone seeking asylum status MUST apply from WITHIN the country. That means they must cross the border. Most cross the border and immediately go to the immigration office to file their asylum request. THIS IS THE LEGAL PROCEDURE. 

Under US law, asylum seekers have one year in which to file their paperwork (form I-589). During that year, they are in the US unlawfully (a civil, not a criminal, offense). If they crossed the border without going through proper procedures, they have, at worst, committed a misdemeanor (which are not normally considered criminal offenses) - and since this IS the legal asylum procedure, they HAVE arguably gone through proper procedure.

From the USCIS website: (https://www.uscis.gov/humanitarian/refugees-asylum)

AsylumAsylum status is a form of protection available to people who:

1. Meet the definition of refugee
2. Are already in the United States
3. Are seeking admission at a port of entry

So these people, who have already suffered victimization, and are following the legal procedure for seeking asylum, are being treated as criminals and having their children ripped from them.

Sessions implies that separation is a deterrence and punishment for the parents. That assumes they know that the US has adopted this bizarre stance, and that the asylum-seekers have a choice. These are people who can't go home, remember; that's part of the definition of being a refugee or asylum-seeker. We also know from numerous studies that such a separation traumatizes the children, and can cause permanent psychological damage. And for what? For some dubious political score?

I am ashamed of this country, There is no excuse for that.
The Statue of Liberty no longer speaks for us.
The new colossus has proven to be a bully.

The New Colossus

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"

Emma Lazarus
November 2, 1883

Immigration, once again.

Immigration is once again front and center in national news. The President referred to immigrants as "animals". He then backpedaled to say he only meant gang members, but his initial comments could certainly be interpreted as applying to immigrants in general, even legal ones. [One does have to wonder what Melania thinks of his statements.] But on we go.

Time to review the legal facts about immigration:

ILLEGAL ENTRY (crossing the border without going through proper immigration), while it is a crime, is only a MISDEMEANOR, not a felony. It is on a par with public drunkenness. The charge must be proven in a court of law and not just assumed because of unlawful presence.

UNLAWFUL PRESENCE does NOT imply illegal entry. Most undocumented people entered legally but overstayed their visa. This is a civil offense, on a par with a parking ticket. It is NOT a crime, and people here unlawfully are not criminals.

The federal STATUTE OF LIMITATIONS is normally 5 years, so if someone entered more than five years ago (and did not use false citizenship papers), the charge of illegal entry is no longer applicable. (Entry using fake papers increases the statute of limitations to 10 years.) Unlawful presence is an ongoing status, not an event, so the statute of limitations doesn't apply. The (non-criminal) penalty for unlawful presence is deportation.

The administration is treating a civil offense as a felony,. They seem to be ignorant of the actual law. They - especially the Attorney General - have no excuse for this; their duty is to know the law. Their misrepresentation and misapplication of the law may, itself, be a legal offense.

Since the general public is also ignorant of the actual law, the anti-immigration faction gets away with using this fear-mongering tactic to control the discussion.

We need to inform the public. Only when people know the facts, and the law, can we begin to have an intelligent discussion about revising immigration policy.