WonderingEra2007-05-22 16:57:33
Section 112 - Let me get this correct. If a person crosses the border and flees, they can be fined or imprisoned. Reading this section, the amount of the fine is not mentioned so it could be as little as a penny. The prison time is first listed as no more than 5 years, but later in the same section, it says no more than 10 years. Additionally, there is no penalty to prevent the person from being a citizen after breaking the law. I thought everyone in the Senate that liked this bill publicly stated that breaking laws after the bill is passed will forfeit any future chance of citizenship.
Rich Hailey2007-05-22 16:57:33
Notice that it isn't enough to evade a checkpoint. The alien must evade the checkpoint, be caught, and then disobey an order to halt.
Just crossing the border illegally doesn't invoke a penalty under this section.
Jon Sandor2007-05-22 16:57:33
Strange. This seems to apply only if you are operating a motor vehicle or vessel. If you walk across the border, there is nothing here to say you cannot flee on foot. Since most illegals come on foot, that seems like an odd ommission.
John Quincy Public2007-05-22 16:57:33
WonderingEra: 5 year cap is standard. 10 year cap comes into play when extra penalties are invoked for fleeing in
manners of poor taste.
John: See Title II, Sec 275 for the on foot case. Though, this only accounts for checkpoints. Note it doesn't say border checkpoint. The question then becomes if this is a border only checkpoint (implied) or if there is another section that clarifies. Otherwise I should think sobriety style roadblocks would be allowed anywhere in the US under this section. Good or bad on that is a matter of taste I suppose.
OP Dave2007-05-22 16:57:33
Because of the Ramos and Campeon cases, Sec 112 needs to specifically authorize use of deadly force by Border Agents in some circumstances.
