This section contains legal resources on mass immigration. We are not attorneys, and this is not legal advice, but rather it is a compendium of legal information that we believe will be helpful to those dealing with immigration issues.
Here are legal resources on other sites:
Juan Mann's Frequently Asked Questions About Immigration and the Law, by Juan Mann, VDare.com, December 11, 2002
Here are additional legal resources:
In 2003, Colorado passed the Colorado Secure and Verifiable Identity Document Act (2003 HB 1224). This was a direct result of the proliferation of the non-secure Mexican Matricula Consular ID card.
You can read the entire bill on the Colorado Legislature website: Colorado Secure and Verifiable Identity Document Act (HB03-1224). You can also read CAIRCO's synopsis of HB 1224.
The Immigration and Nationality Act Section 237 states:
In addition, some aliens enter with legal documentation and then violate the terms of their admission by taking jobs they are not authorized to take, or by overstaying their authorized period of stay in our country. The INS estimated in 1996 that about 60% of the then estimated five million illegal aliens were EWI and 40% were visa overstayers. Both types of illegal aliens are deportable under Immigration and Nationality Act Section 237 (a)(1)(B) which says:
A review of applicable rulings shows that local law enforcement may cooperate with ICE (immigration enforcement)
The September 8, 2005 article Local police can enforce laws on immigration, states:
Excerpts from Testimony of James Jay Carafano, Ph.D. Before the House Select Committee on Homeland Security:
Excerpts from Testimony on
The 287(g) Program: Ensuring the Integrity of America’s Border Security System through Federal-State Partnerships,
Kris W. Kobach,
Professor of Law,
University of Missouri (Kansas City) School of Law,
July 27, 2005
Excerpts from Testimony on Immigration and the Alien Gang Epidemic: Problems and Solutions, by Heather Mac Donald, Senior Fellow, Manhattan Institute for Policy Research, before the House Judiciary Subcommittee on Immigration, Border Security, and Claims, April 13, 2005:
The report, State and Local Authority to
Enforce Immigration Law - A Unified Approach for Stopping Terrorists, by Mr. Kris W. Kobach, Center for Immigration Studies, June, 2004, states:
Open borders and sanctuary city proponents claim illegal aliens have not violated criminal law, only civil law, and thus that this distinction makes illegal entry into the U.S. a less serious matter.
The Attorney General of New York clearly points out that this is incorrect. Below is part of his letter to a New York attorney:
Thus, a definite legal distinction exists between a) evidence that a person is in the U.S. illegally, which may not have been caused by illegal entry - which is a civil violation, 2) evidence that the person has entered the U.S. illegally, which is a criminal violation.
Note that the Attorney General is stating that state and local authorities do have the authority "to make warrantless arrests for federal crimes," meaning that they can arrest people for criminal (but not civil) violations of immigration law even if no warrant has been issued.
See the relevant portion of the INA, which refers to Title 18 of the United States Code, which is titled "Crimes and Criminal Procedures".
The law says the following about entering this country illegally (really, it's a criminal violation):
Being illegally in the U.S. is a civil matter. However, it is a federal crime to enter the country without inspection (EWI, USC 8 1325). A first offense can bring a fine and/or up to six months followed with deportation. A second offense (a felony) can bring up to two years and/or fine and then deportation. Thus, illegal immigration is a federal crime and a civil offense, with two separate courts.
The criminal charge will be filed by a U.S. Attorney and heard in U.S. District Court. The deportation (the removal) will then be conducted by the immigration courts, the Executive Office of Immigration Review (EOIR) before an Administration Law Judge.
Along the southern border, 95 percent of the cases get deposed of by "voluntary removal" on the part of the illegal, with no prosecutions in District Court. However, some U.S. Attorneys are indeed now filing all violations of USC 8, 1325. The U.S, Attorney in the Southern District of Texas is doing exactly that, with en masse proceedings. In Denver about one-half of detainees go through the formal deportation as outlined above.
Other commonly committed federal crimes include: the misdemeanor Failure to Carry Alien Registration. 18 USC 911, False Claim of US Citizenship, is a felony with an up to five-years in prison. Under 18 USC 1546, false document and fraud misuse on an I-9 claim is a felony.
U.S. Code Title 8 - Aliens and Nationality says the following:
Chapter 12 - Immigration and Nationality
Subchapter II - Immigration
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
(Pub. L. 104-208, div. C, title VI, Sec. 642, Sept. 30, 1996,110 Stat. 3009-707.)
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.
U.S. Code Title 8, Chapter 14, Subchapter II, § 1623 addresses preferential treatment of illegal aliens in higher education.
8 USC § 1623 - Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
(a) In general
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) Effective date
This section shall apply to benefits provided on or after July 1, 1998.
Law on display of flags in Colorado pertains to Mexican flags in Colorado public schools.
(1) Any person who displays any flag other than the flag of the United States of America or the state of Colorado or any of its subdivisions, agencies, or institutions upon any state, county, municipal, or other public building or adjacent grounds within this state commits a class 1 petty offense.
(2) Any person who displays any flag other than the flag of the United States of America or the state of Colorado or any of its subdivisions, agencies, or institutions in any place where it is likely to be viewed by the public or a substantial portion thereof, knowing that under the circumstances then existing such display is likely to cause a breach of the peace, commits a class 1 petty offense.
(3) "Flag", as used in this section, means any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of a particular nation, state, movement, cause, or organization.
(4) (a) This section does not apply to:
(I) The display of the flag of the United Nations or the flag of a foreign nation displayed to identify persons officially representing such foreign nation or the property or premises of the person or nation;
(II) The display of an appropriate flag upon ceremonial or commemorative occasions proclaimed by the president of the United States, the governor of the state of Colorado, the board of county commissioners of any county, or the mayor or other chief executive officer of a city or town within this state;
(III) The display of the flag of any adjacent state with the flag of the state of Colorado at the ports of entry weigh stations, in recognition of the joint state port operation; or
(IV) The display of any flag or representation thereof described in subsection (1) of this section that is part of a temporary display of any instructional or historical materials not permanently affixed or attached to any part of the buildings or grounds described in subsection (1) of this section.
(b) This subsection (4) shall be an affirmative defense.
Source: L. 71: R&RE, p. 480, § 1. C.R.S. 1963: § 40-11-205. L. 73: p. 540, § 11. L. 93: (4) amended, p. 39, § 3, effective July 1. L. 2002: (4) amended, p. 317, § 2, effective August 7.
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805; for requirement that the flag be displayed in certain state institutions, see § 27-2-108.
C.J.S. See 36A C.J.S., Flags, § 2.
Law reviews. For article, "Red Flags and the Flag", see 13 Rocky Mt. L. Rev. 47 (1940).
(1) It is unlawful for any person to mutilate, deface, defile, trample upon, burn, cut, or tear any flag in public:
(a) With intent to cast contempt or ridicule upon the flag; or
(b) With intent to outrage the sensibilities of persons liable to observe or discover the action or its results; or
(c) With intent to cause a breach of the peace or incitement to riot; or
(d) Under such circumstances that it may cause a breach of the peace or incitement to riot.
(2) "Flag", as used in this section, means any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of the United States of America or the state of Colorado.
(3) Any person violating the provisions of this section commits a class 3 misdemeanor.
Source: L. 71: R&RE, p. 480, § 1. C.R.S. 1963: § 40-11-204.
C.J.S. See 36A C.J.S., Flags, §§ 1, 2.
Law reviews. For note, "Comment: Constitutional Law -- Symbolic Speech -- Colorado Flag Desecration Statute", see 48 Den. L. J. 451 (1971). For article, "The Flag-Burning Episode: An Essay on the Constitution", see 61 U. Colo. L. Rev. 39 (1990).
Subsection (1)(a) unconstitutional. Provision of this section making it unlawful to mutilate, deface, and defile a flag of the United States with intent to cast contempt thereupon is unconstitutional upon its face because the interests it seeks to promote are contrary to the fundamental values protected by the first amendment. People v. Vaughan, 183 Colo. 40, 514 P.2d 1318 (1973).
Statute was not designed to proscribe mutilating or misusing flag per se. People v. Vaughan, 183 Colo. 40, 514 P.2d 1318 (1973).
Specific intent required. A violation of this section occurs only when the surrounding circumstances manifest the exercise of the intellect in such a manner that inferences may be drawn therefrom that the acts or conduct were done with the specific intent of casting contempt on the flag. There is no violation of this section where the proscribed acts are the result of thoughtlessness, inadvertence, accident, or the like. People v. Vaughan, 183 Colo. 40, 514 P.2d 1318 (1973).
Symbolic speech protected. Conduct, which consisted of wearing a pair of blue jeans on the seat of which a portion of the American flag had been sewn, manifested an expressive intent and a communicative content such as to be considered "symbolic speech" and consequently was protected "speech" under the first amendment. People v. Vaughan, 183 Colo. 40, 514 P.2d 1318 (1973).
This section presents Colorado law on pornography - which is pertinent to the Spanish language Novela porn in Denver Public Libraries.
18-7-103. Injunctions to restrain the promotion of obscene materials.
(1) The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction to enjoin the wholesale promotion, promotion, or display of obscene materials as specified in this section and to issue all necessary and proper restraining orders, injunctions, and writs and processes in connection therewith not inconsistent with this article.
(2) The district attorney of the county in which a person, firm, or corporation wholesale promotes, promotes, or displays, or is about to wholesale promote, promote, or display, or has in his, her, or its possession with intent to wholesale promote, promote, or display, or is about to acquire possession with intent to wholesale promote, promote, or display any obscene material may maintain an action for injunction against such person, firm, or corporation to prevent the wholesale promotion, promotion, or display or further wholesale promotion, promotion, or display of said material described or identified in said suit for injunction.
(3) This article shall not authorize the issuance of temporary restraining orders except where exigent circumstances require the same. In matters of exigent circumstances, the restraining order shall provide that the action must be commenced on the earliest possible date. No temporary restraining order may be issued to restrain the continued exhibitions of a motion picture being shown commercially before the public, notwithstanding the existence of exigent circumstances.
(4) No temporary restraining order or temporary injunction may be issued except after notice to the person, firm, or corporation sought to be enjoined and only after all parties have been offered or afforded an opportunity to be heard. A person, firm, or corporation shall be deemed to have been offered or afforded an opportunity to be heard if notice has been given and he, she, or it fails to appear. At such hearing, evidence shall be presented and witnesses examined.
(5) Before or after the commencement of the hearing on an application for a temporary injunction, the court may, and on motion of the party sought to be restrained shall, order the trial on the action on the merits to be advanced and consolidated with the hearing on the application. Where such hearings are not so consolidated, and a temporary injunction or restraining order is issued, the court shall hold a final hearing and a trial of the issues within one day after joinder of issue, and a decision shall be rendered within two days of the conclusion of the trial. If a final hearing is not held within one day after joinder of issue or a decision not rendered within two days of the conclusion of the trial, the injunction shall be dissolved. No temporary injunction or restraining order shall issue until after a showing of probable cause to believe that the material or display is obscene and a showing of probable success on the merits. Any such temporary injunction or restraining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial.
(6) Nothing contained in this article shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene.
(7) Any person, firm, or corporation sought to be permanently enjoined shall be entitled to a full adversary trial of the issues within one day after the joinder of issue, and a decision shall be rendered by the court within two days of the conclusion of the trial. If the defendant in any suit for a permanent injunction filed under the terms of this article shall fail to answer or otherwise join issue within the time required to file his, her, or its answer, the court, on motion of the party applying for the injunction, shall enter a general denial for the defendant and set a date for hearing on the question raised in the suit for injunction within ten days following the entry of the general denial entered by the court. The court shall render its decision within two days after the conclusion of the hearing.
(8) In the event that a final order or judgment of injunction is entered against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action was brought any of the material described in subsection (2) of this section, and such sheriff shall be directed to seize and destroy the same six months after the entry of the said final order unless criminal proceedings or an indictment is brought before that time, in which event, said material may be used as evidence in such criminal proceeding.
(9) In any action brought as herein provided, the district attorney shall not be required to file any undertaking, bond, or security before the issuance of any injunction order provided for above, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.
(10) Every person, firm, or corporation who wholesale promotes, promotes, displays, or acquires possession with intent to wholesale promote, promote, or display any of the material described in subsection (2) of this section, after the service upon him of a summons and complaint in an action brought pursuant to this article, is chargeable with knowledge of the contents.
Source: L. 81: Entire part R&RE, p. 1000, § 1, effective July 1. L. 86: (1) to (5) amended, p. 783, § 3, effective April 21. L. 87: (8) and (10) amended, p. 1579, § 24, effective July 10.
Editor's note: This section was contained in a part that was repealed and reenacted in 1981 and 1977. Provisions of this section, as it existed in 1981, are similar to those contained in 18-7-102 as said section existed in 1980, the year prior to the most recent repeal and reenactment of this part. Provisions of this section, as it existed in 1977, are similar to those contained in 18-7-103 as said section existed in 1976, the year prior to the first repeal and reenactment of this part.
Am. Jur.2d. See 50 Am. Jur.2d, Lewdness, Indecency, and Obscenity, § 12, 15.
Law reviews. For article, "One Year Review of Criminal Law and Procedure", see 39 Dicta 81 (1962). For article, "Obscenity Law in Colorado: The Struggle to Pass a Constitutional Statute", see 60 Den. L.J. 49 (1982).
This section held constitutional. The procedures established by this statute are sufficient to satisfy due process. People v. Seven Thirty-five East Colfax, Inc., 697 P.2d 348 (Colo. 1985).
Requirement of adversary hearing. Where injunctive relief is sought which amounts to prior restraint, or where a search warrant is sought, there is required an adversary hearing, which may be on short notice, to determine whether the materials sought to be seized are in fact obscene. People ex rel. McKevitt v. Harvey, 176 Colo. 447, 491 P.2d 563 (1971) (decided under former § 40-9-19, C.R.S. 1963).
Obscenity provisions could not support injunction or criminal charge. The 1977 version of the Colorado obscenity statute could not be relied upon to support either a civil injunction or a criminal charge. People v. New Horizons, Inc., 200 Colo. 377, 616 P.2d 106 (1980) (decided under former § 18-7-102).