Commenting on Two Classmates Discussion about Immigration Laws

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Review the posts of your fellow learners and respond to at least two. In your response posts, you must do one or more of the following:

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  • Ask an analytical question.
  • Offer a suggestion.
  • Elaborate on a particular point.
  • Provide an alternative opinion supported with research.

Be sure to support your initial post and follow-up posts with scholarly examples from the module readings and additional literature where appropriate. You must cite all references according to APA style.

Classmate # 1 Lisa

Yes, a defendant who does not technically cross the border with an illegal alien can be found guilty under immigration laws. U.S. Code Title 8 Section 1324, states that it is a crime to “harbor or shield from detection” an illegal alien if they “knowing[ly] or reckless[ly] disregard” the fact that the person is an illegal alien. In order to charge the defendant, the government must prove that the alien entered the United States illegally, that the defendant provided shelter to the alien, that the defendant disregarded the fact that the alien entered the U.S. illegally, and that the defendant intended to keep the alien in the U.S. illegally.

Reference:

Martin, G. P., & Flannery, P. M. (n.d.). IMMIGRATION LAW PROSECUTIONS SOAR! EMPLOYERS BEWARE! Retrieved from https://www.rosenbergmartin.com/wp-content/uploads…

Classmate #2 Hayden

Yes, it is illegal to attempt to “bring” an illegal alien into the United States, whether successfully or unsuccessfully. In this case, prosecution must prove general intent for the defendant to be found guilty under these laws. In other words, the prosecution must prove that the defendant’s purpose was to smuggle an illegal alien(s) into the United States. The “facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border” is illegal and is deemed as “human smuggling” (Center, 2006).

References

Center, T. H. (2006, April). FACT SHEET: Distinctions between Human Smuggling and Human Trafficking. Retrieved from State.gov: https://www.state.gov/documents/organization/90541…

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