In today's Digest from The Patriot, Vol. 7 No. 34, we have the latest bit of judicial nonsense.
A Kansas court of appeals ruled this week that there is a distinction between entering the country illegally and presence in the country; the latter is not a crime. The ruling was on the appeal of Nicholas Martinez, an illegal alien busted for possession of cocaine and endangering a child. Martinez’s plea bargain would have resulted in probation, but the original judge ruled probation wasn’t possible as his immigration status meant he was already in violation of the law. The judge ruled that Martinez should spend a year in jail, but a three-judge appeals panel threw out the sentence because, while it may be illegal to enter the country, it is not necessarily illegal to be in the country. As Rush Limbaugh asked, “So, what, if I go rob a bank and I get away with it and they don’t find out about it for a week, does it mean I get to keep the money?” Prosecutors have 30 days to appeal.
So now it's necessary to pass a bill that makes being here illegal, too?
Sigh...
GBW
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