An illegal immigrant was arrested in Barton County, Kansas for possession of cocaine and endangering a child, for having his young son deliver drugs to a law enforcement officer working under cover.
The trial judge, on the prosecutors recommendation, agreed to accept a guilty plea in exchange for 1 year probation. Then finding since the defendant was an illegal immigrant and violated his probation status, the judge ordered him jailed for up to a year.
Here comes the backward thinking - on appeal, the Kansas Court of Appeals ruled....
"[Federal law] declares an alien's unsanctioned entry into the United States to be a crime. While Congress has criminalized illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported and has again entered this country illegally," the court opinion said.
"However, while an illegal alien is subject to deportation, that person's ongoing presence in the United States is and of itself is not a crime unless that person had been previously deported and regained illegal entry into this country," the ruling, written by Judge Patrick McAnany, said.
This one makes my head hurt!
Let's see.... if you get caught entering the United States illegally you can get deported. But once you are in the country illegally, it is not illegal to be here as an illegal immigrant?
Incredible! Simply put, if you don't get caught illegally entering the United States, you can't be arrested as an illegal immigrant/alien! Unless your caught illegally entering the country & breaking the law, they can't charge you.
Huh, this would be a hell of a stance for murder suspects. Forget the facts, if you are not caught killing someone, you can't be charged with murder.