22 August 2007

Here you have it--Judicial imperialism

If someone breaks into my house, plops himself into my chair, grubs through my refrigerator, and demands that I feed and raise his kids, I have the right to call the police and have him arrested, because he entered my house illegally, and his continued presence in my house is a crime.

Unless hes an illegal alien. Kansas, you have problems (via LaShawn Barber):
A three-judge panel of an appeals court in Kansas just held that an illegal alien’s “ongoing presence in the United States in and of itself is not a crime” unless the illegal alien reentered the country after a previous deportation. (Source)

Can you believe it? Entering the U.S. in violation of the law is illegal. Being in the U.S. in violation of the law may not be illegal. How and under what condition could that ever make sense? Isn’t it common sense that an illegal alien, by virtue of breaking the law, is a criminal? That’s why he’s called an illegal alien. His mere presence inside these borders makes him an outlaw.

But I’m jumping the border…I mean, the gun. The facts:

Some drug-dealing moron named Nicholas Martinez had his kid deliver drugs to an undercover cop (rotten luck!). He was arrested and charged with the sale of cocaine, possession of cocaine with intent to distribute, endangering a child, theft, and unlawful possession of an identification card. Under a plea agreement, he pled to possession and endangering a child.


Read the whole thing, if you can stomach it.