Patterico's Pontifications

9/7/2007

Rudy Should Know Better — Entering the Country illegally IS a Crime

Filed under: General — WLS @ 11:52 am



[Posted by WLS]

Rudy Guiliani went on Glenn Beck today and made a minor blunder when he stated unequivocally that being an undocumented person in the US is not a crime under federal law.  Here is what he said:

GLENN: Right. But isn’t illegal immigration a crime in and of itself?

GIULIANI: No.

GLENN: Aren’t you saying —

GIULIANI: Glenn —

GLENN: You’re protecting criminals by saying that being treated as a criminal is unfair.

GIULIANI: Glenn, it’s not a crime. I know that’s very hard for people to understand, but it’s not a federal crime.

GLENN: It’s a misdemeanor but if you’ve been nailed, it is a crime. If you’ve been nailed, ship back and come back, it is a crime.

GIULIANI: Glenn, being an illegal immigrant, the 400,000 were not prosecuted for crimes by the federal government, nor could they be. I was U.S. attorney in the southern district of New York. So believe me, I know this. In fact, when you throw an immigrant out of the country, it’s not a criminal proceeding. It’s a civil proceeding. 

While he’s correct that the overwhelming majority – probably upwards of 95% — of illegal alien cases are handled as civil deportation matters where the only issue is whether the person stays or gets deported, the fact is that illegally entering the US at a place or manner other than as designated by immigration officials is a federal petty misdemeanor, punishable by up to 6 months in prison.

8 U.S.C. Section 1325:

“Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of such an offense, be fined under Title 18 or imprisoned not more than 6 months….

Rudy’s my guy right now, but if he’s going to play the “I was US Attorney” card on law enforcement issues, its up to him to get the law right.
 

60 Responses to “Rudy Should Know Better — Entering the Country illegally IS a Crime”

  1. Add to that any immigrant here a year or more has commited one of two federal crimes.

    Either they don’t file income tax, or they file it under a false name and/or number…

    Either felony is pretty bad. I’d rather do most anything than have the IRS coming after me…

    Scott Jacobs (425810)

  2. “…made a minor blunder when he stated unequivocally…”

    Minor blunder? When someone is a former US Attorney currently running for President of the United States, I’m thinking this is something other than ‘minor’ but perhaps I expect too much.

    Dana (b4a26c)

  3. I call it “minor” simply because this “crime” is almost never prosecuted standing alone. As Rudy points out, the numbers would simply be staggering — you’d need thousands of new prosecutors, federal defenders, and judges to deal with the volume.

    But, this charge is used in connection with other charges for the purposes of tacking an extra 6 months onto the sentence of an illegal alien who is convicted of some other serious crime, especially a drug crime or crime of violence.

    WLS (077d0d)

  4. I think it’s the God syndrome but they all suffer from it at some point. It’s not healthy for any person to get that much attention and have people hanging on every word. It’s inevitable that one would ultimately overstate or dramatize things, and it’s hard to ratchet things down.

    It might be time for Rudy to take a day or two off to recharge his batteries and have his press people issue a clarifying statement on the subject.

    DRJ (2afbca)

  5. Anyone who supports Ruday must be a firm member of the country club set. Gotta have someone to mow those lawns and clean the pools cheap.

    Rudy is a joke. Far worse candidate than Bush could ever be.

    Thomas Jackson (bf83e0)

  6. Thomas Jackson — I’m sure you’ve consulted with David Dinkins and Charlie Rangel.

    WLS (077d0d)

  7. “Add to that any immigrant illegal alien here a year or more has commited one of two federal crimes.”

    Fixed. Don’t the open borders crowd chose the terminology. Immigrants are people who enter the country legally and intend to stay. People who enter illegally are illegal aliens. Or invaders.

    LarryD (feb78b)

  8. Blast it, the strike through tags around “immigrant” in the quote from Scott disappeared.

    LarryD (feb78b)

  9. WLS, suppose you enter legally but then overstay your visa. Is that a crime?

    James B. Shearer (fc887e)

  10. Rudy is pro-illegal immigrant and anti-firearms ownership. I think Rudy is running in the wrong party.

    tmac (0c909a)

  11. James B. Shearer — I don’t think so. Having entered legally, a visa overstay is truly an “undocumented person” — they simply lack the necessary documentation to remain in the country, i.e., a valid visa.

    They are subject to immediate deportation, but not imprisonment.

    WLS (077d0d)

  12. How about giving Rudy a nod for acknowledging reality.

    Prosecuting illegal aliens for the crime of being illegal is a loser at this point.
    All a few activist attorneys need to do is get them to demand a jury trial. LA’s court system would be backed up until 2050. Santa Ana would NEVER see the end.
    Rudy knows this. As the Mayor of New York he probably realized that arresting, processing, trying 400,000 illegal immigrants would bugger up his whole city. Budget, police force, prosecutors, public defenders, lawsuits on behalf of crying legal citizen babies… all to see the folks back in a month.
    Same thing goes on a national scale.
    Cracking down on employers, securing the borders may reduce the numbers of illegals. Hopefully some will lose their jobs and go home voluntarily, and the secure border mixed with lack of employment opportunity will encourage new would be crossers to stick it out in Mexico.
    But even if you whittle the crowd of 13 million down by 50% you still have a huge number… those who deal in the processing of people would tell you it is cheaper to keep employed, taxes witheld, SS contributing, non criminal (except in immigration status) persons here than it is to process them out via criminal charges.

    SteveG (4e16fc)

  13. Well, I believe the problem is that in order to be arrested for this crime, the law enforcement officer has to actually see you commit it, ie, cross the border. Would have to look it up, but I recall some sort of distinction when it came to state law enforcement picking people up.

    itsme (c9f610)

  14. I recently read that the act of entering the U.S. without permission is illegal, but being in the U.S. afterward is not illegal. Apparently, the Federal Statute didn’t criminalize the act of ‘being in the U.S.’

    Mike Manges (aced32)

  15. Yes, I see the CRS discusses the distinction I’m thinking of, in this footnote to their 2004 report on state enforcement of federal immigration laws:

    Illegal entry is a misdemeanor under INA §275. Because many encounters between local
    police and undocumented aliens involve warrantless arrests, an officer’s authority to
    apprehend a person in violation of §275 will necessarily depend on whether state arrest
    statutes permit an arrest for a misdemeanor occurring outside the officer’s presence, since
    the misdemeanor of illegal entry is apparently completed at the time of entry, and is not a
    “continuing” offense that occurs in the presence of the officer. A continuing offense may
    be found under INA §276, which applies to aliens previously deported who enter or are
    found in the United States.

    CRS report

    (highlighting not mine)

    Not current enough to know for sure if anything has changed substantively on this since 2004, but I believe it’s still the general distinction.

    itsme (c9f610)

  16. Sorry, it’s fn 21, at screen #10.

    itsme (c9f610)

  17. Mike Manges #14:

    Yes, according to the CRS report, it’s not considered a “continuing offense” unless you’ve returned after being deported.

    itsme (c9f610)

  18. PS to Mike, I think a civil offense is still “illegal.” It’s just not criminal.

    itsme (c9f610)

  19. WLS:

    Actually I couledn’t speak with them as they were busy making demands for cabinet appointments with Rudy. I suspect I’ll get to speak with him after NOW, NAMBLA, MOVEON and Alphie finish making their demands.

    Alpha Jackass Award:

    Bing in the US isn’t a crime. Right, alerting all thieves, breaking into a house is a crime, being inside isn’t. Some people are just destined by their low IQs to be judges or lawyers.

    Thomas Jackson (bf83e0)

  20. If anyone has to ask why the nation has 25 million illegals with all the problems associated with people who have not been medically checked, have no background checks, and are here by virtue of breaking the law we have Rudy.

    If Rudy wishes to ignore the laws of the land and has the audicity to argue for a virtual fence rather than a real one its clear he will make Bush look like a fascist on border controls.

    This minor error of Rudy will make the Titantic look minor in comparison to what will come if such attitudes are allowed to remain in offices of public trust. Since Rudy believes the oath he swore is optional, as was the oaths he made to two wives, there is little doubt that this man’s integrity and trustworthiness ranks up there with another man who shook his fingers in the face of the American public and told them how to define “is.”

    I am not sure about other Anmericans but everyone here has had enough of such masters of mendacity.

    Thomas Jackson (bf83e0)

  21. Quick note:

    The logistics of charging and deporting 13 million illegals is easier than it would be for 25 million.
    So always remember to do the math right.
    When talking about medical benefits, welfare, schools, and crime use 25 million.
    When talking about jailing and deporting use 13 million.

    SteveG (4e16fc)

  22. 1) Overstaying a visa means you are here without leave, but is not a crime. It is not necessary to sneak across the border.

    2) You cannot prevent someone from paying taxes, then prosecute them for failing to do so. Which is why it IS possible to legally pay taxes as an illegal. BTW, Is paying taxes on the wrong number a crime? How so? The taxes ARE paid….

    NOne of which is to say that 12 million illegals is tolerable, but let’s keep the outrage to facts instead of fiction.

    Kevin Murphy (0b2493)

  23. — Kevin Murphy: “Is paying taxes on the wrong number a crime?”

    US Code, Title 18, Chapter 43, Code 911 (ironically enough): “Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.
    ALSO,
    US Code, Title 26, Chapter 75, Code 7207: “Any person who willfully delivers any (tax) return known by him to be false as to ANY material matter, shall be fined not more than $10,000, or imprisoned not more than 1 year, or both. [Text condensed, and emphasis added, by me.]

    So, yeah, not only is it a crime . . . it’s two crimes: falsely claiming to be a citizen and falsifying a tax return.

    Independent Conservative (33341c)

  24. Why is Rudy seemingly hell-bent on losing the lead he has maintained over the past couple months? Comments like this from him are gifts from God to Romney and Thompson and even McCain.

    Chaos (9c54c6)

  25. Overstaying a visa means you are here without leave, but is not a crime. It is not necessary to sneak across the border.

    Right, and we all know the vast majority of illegal aliens entered the country legally, and then overstayed their visas. And of course the State Department flushes all records of such visas down the toilet the day the visa expires, leaving us with no possible way of knowing which illegal aliens did or did not commit the crime of entering the country illegally, so why prosecute any of them?

    You cannot prevent someone from paying taxes, then prosecute them for failing to do so.

    Of course you can, if they had no right to take the job that earned the income on which those taxes are based. It’s only a question of whether we want to go after these guys, not whether we can.

    Xrlq (6c2116)

  26. #13, 14, 15 have it – Rudy was right and this post is wrong. An update or correction to the post is warranted.

    A.S. (ab8bd9)

  27. When their in this nation undocumented their illegal and if these politicak hacks cant get that into their empty heads then they had better start

    krazy kagu (b1eb84)

  28. Independent Conservative #23:

    US Code, Title 18, Chapter 43, Code 911 (ironically enough): “Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.
    ALSO,
    US Code, Title 26, Chapter 75, Code 7207: “Any person who willfully delivers any (tax) return known by him to be false as to ANY material matter, shall be fined not more than $10,000, or imprisoned not more than 1 year, or both. [Text condensed, and emphasis added, by me.]

    So, yeah, not only is it a crime . . . it’s two crimes: falsely claiming to be a citizen and falsifying a tax return.

    I don’t believe there is a requirement that one be a US citizen in order to pay federal income taxes. For example, the income of resident aliens is taxed in the same way as that of citizens, according to the IRS.

    Publication 519

    Itsme (c9f610)

  29. I’m no expert in this area but …

    The IRS issues an Individual Taxpayer Identification Number (ITID) to those who don’t qualify for a social security number, making it possible for non-citizens to pay taxes. ITIDs can also be used in other transactions including obtaining a mortgage and, in some states, securing a driver’s license.

    DRJ (2afbca)

  30. The IRS issues Individual Taxpayer Identification Numbers (ITINs) to legal and nonlegal residents so they can pay taxes:

    “ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.”

    As noted at the IRS website, the Austin, Texas, office handles ITIN issues. ITINs can also be used to obtain mortgages and, in some states, drivers licenses.

    DRJ (2afbca)

  31. DRJ #29:

    The only distinction I see at the IRS site is, as you quote, between resident and nonresident aliens, not “legal and nonlegal residents.” Can you provide a little more info?

    Thanks.

    Itsme (c9f610)

  32. Itsme,

    I’m not an expert and I’m definitely not giving legal advice, but I think “immigration status” is the way the government/IRS refers to legal status. Thus, when the IRS says “ITINs are issued regardless of immigration status” it means the ITIN holder can be legal or illegal.

    DRJ (2afbca)

  33. DRJ #31:

    But the way it’s used in the sentence you quoted refers only to resident and nonresident aliens, not “legal or illegal.” And resident or nonresident alien status is indeed an immigration status.

    Itsme (c9f610)

  34. PS to DRJ, I’m not trying to argue, just trying to get a sense of what the law really is.

    Itsme (c9f610)

  35. Itsme,

    There’s a pro-immigrant website that counsels illegal immigrants on how to get an ITIN.

    DRJ (2afbca)

  36. DRJ –

    Thanks for the link to the other website. I understand that plenty of illegals have ITINs and that outside verification of legality or illegality of one’s status isn’t part of the issuance process.

    I just didn’t see in the pub you cited to where it distinguished between legal and illegal status.

    I suspect many people with visas apply as nonresident aliens, then overstay their visas and keep the ITIN. Not all, but many.

    Itsme (c9f610)

  37. Itsme,

    Try this 2003 Las Vegas R-J article on IRS efforts to reach out to illegal immigrants to help them get ITINs and tax refunds.

    PS – I’m glad you commented. It’s good to be thorough about things like this.

    DRJ (2afbca)

  38. Ah, just saw the Las Vegas R-J article (did I miss it before?), and see that the IRS is actually getting pretty upfront about the whole legal/illegal thing.

    Itsme (c9f610)

  39. PS, when I said “not all, but many” I meant that not all illegal ITINs came by way of overstayed visas, but many did.

    Itsme (c9f610)

  40. Itsme,

    I’m sorry about the post confusion. I thought the spamfilter caught my first attempt so I ended up posting the Las Vegas R-J link twice. I corrected it as you were posting. I know it was confusing and I apologize.

    DRJ (2afbca)

  41. Wow, it must be nice to be able to edit your posts !

    Itsme (c9f610)

  42. It is nice but I try not to do use the edit feature since other commenters can’t and I’m really just another commenter. (My role will definitely switch from producer back to consumer.) However, on occasion the links get fouled up and I try to fix those – for me and others – to help keep things clear. I leave typos and such since we all fall victim to that.

    DRJ (2afbca)

  43. I find myself making multiple posts correcting my typos, clarifying, clarifying the clarifications …

    Itsme (c9f610)

  44. People here are missing a very important point. Because of the income tax credit illegals could be bilking the government billions of dollars because their earnings probably qualify for these tax credits. This program cost tens of billions. GAO audits, which are really, really awful and incredibily inaccurate, ind9icate fraud in the billions of dollars.

    The government doesn’t care. And this is part of the BS taxpayers have to bear. But most aren’t aware of it.

    As they aren’t aware of the hundreds of thousands of “legal” aliens who entered this country on the pledge of their sons and daughters to support them. Guess what as soon as they get here they apply for and become public burdens under SSI.

    They get better checks than many retirees since they never worked a day in the USA, and they get much better medical care than some poor slob who slaved thirty-forty years to get Medicare and has to pay deductibles and over has a portion of his bills covered while these legal aliens get 100% coverage and no deductibles. Someone will have to explain the justice in this to me.

    Just another reason why Rudy and his ilk suck.

    Thomas Jackson (bf83e0)

  45. Thomas,

    I don’t think illegal immigrants qualify for the earned income credit but you’re right that there is concern about overpayment of tax refunds to low-income filers, especially where married spouses file separately and both file as Head of Household. I believe the IRS is making an effort to identify those filers.

    DRJ (2afbca)

  46. I think you are right, DRJ:

    You must meet the following EITC requirements:
    . . .
    You must be a U.S. citizen or resident alien all year, or a nonresident alien married to a U.S. citizen or resident alien and filing a joint return.

    EITC

    In addition, with respect to what TJ wrote, I think very few immigrants would qualify for SSI “as soon as they get here.”

    SSI

    Itsme (c9f610)

  47. Itsme:

    Your statement based on SSI is based on what?

    Regarding the earned income tax credit, we have anywhere from 12-25 million illegals in this country due to the governments inability or unwillingness to control our borders.

    So you have trust that the government isn’t paying the earned tax credit to illegals. I find your faith in the government touching. However I out grew faeries, the Easter Bunny, and believe in the effectiveness and efficiency of the government after getting three different answers to the same question from the IRS and when I pointed this out to them was informed that it was my responsibility alone to insure that my taxes were corrrect or I would be liable for any error.

    No wonder the GAO has said billions have been paid out in error. It would be interesting to see how much has been paid to illegals.

    As for SSI, I am sure that there are probably members of the SSA who can provide deatils on a program that comprises one third of the entire SSA expenditure-that’s right folks, one third of the expenditure goes to people who never paid into SSA or made such a small amount during their lifetimes that they qualify for this federal welfare program a program that allows foreigners 100% medical care 2while the taxpayer gets glorious Medicare.

    Thomas Jackson (bf83e0)

  48. Thomas Jackson #47:

    Itsme:

    Your statement based on SSI is based on what?

    Based on the information provided by the Social Security Administration at the post I linked to.

    So you have trust that the government isn’t paying the earned tax credit to illegals. I find your faith in the government touching. However I out grew faeries, the Easter Bunny, and believe in the effectiveness and efficiency of the government after getting three different answers to the same question from the IRS and when I pointed this out to them was informed that it was my responsibility alone to insure that my taxes were corrrect or I would be liable for any error.

    No wonder the GAO has said billions have been paid out in error. It would be interesting to see how much has been paid to illegals.

    It has nothing to do with trusting the government. The law is that you must be a US citizen or legal alien with a valid Social Security number – not an ITIN.

    If someone lies on their tax return, they are guilty of a crime. And I don’t doubt that the IRS fails to investigate every instance of someone lying. That doesn’t mean the law doesn’t apply.


    As for SSI, I am sure that there are probably members of the SSA who can provide deatils on a program that comprises one third of the entire SSA expenditure-that’s right folks, one third of the expenditure goes to people who never paid into SSA or made such a small amount during their lifetimes that they qualify for this federal welfare program a program that allows foreigners 100% medical care 2while the taxpayer gets glorious Medicare.

    You are right that SSI is a type of “welfare” program based on eligibility, and not on contributions. On the other hand, that “expenditure” does not come out of other people’s Social Security contributions as far as I know.

    But your original argument was that immigrants get SSI “as soon as they get here” which I think is generally untrue.

    Itsme (c9f610)

  49. Guiliani was on Ingraham radio show the other day. He had a good defense for his New York policies on allowing services for illegals – the Feds’ inaction and his concerns over crime forced the policy. (just imagine that stated articulately)

    The infuriating part of Guiliani’s statements is he offers NO suggestion on what HE would do when he runs the Feds. It sounds like he is running for New York Mayor again. Hey guess what Rudy: When you are President, you can’t blame the President. Rudy’s leadership skills are greatly exaggerated.

    Wesson (fd354d)

  50. Itsme:

    The SSA orders irts employees not to report anyone who applies for SSI to Immigration. But then again since you apparently believe on what the government says I believe you have all ready demonstrated your level of intelligence. Now I’d suggest you also respond to those official government emails from Nigeria.

    Pathetic. We wouldn’t have millions of illegal aliens in this country if the government did its job nor have a massive welfare bill for these illegals. Usually people who carry the water for such people are dependent for employment on one of the bureaucracies that service these illegals needs. So do tell us which agency you work for.

    Thomas Jackson (bf83e0)

  51. Thomas Jackson #50:

    It doesn’t have anything to do with “believing what the government says.” It’s what the law says.

    Do people break the law? Probably. Do government agencies fail to investigate sufficiently? Probably.

    Your original claim was that hundreds of thousands of legal immigrants apply for and receive SSI benefits “as soon as they get here.”

    The law permits very, very few immigrants to obtain SSI benefits that way…usually they are refugees.

    Citizens and noncitizens scam the system to get benefits they don’t deserve. That’s not the same as suggesting that it’s permitted by law.

    Itsme (1efa4c)

  52. Itsme:

    You’re faith in the law is touching. It is indictative of some of the people that believe problems are solved by the passing of laws such as prohibition.

    SSI does not require you to be a citizen only that you are legally admitted, where did I say anything but that? So lets examine the facts without your spin, once an alien gets his papers to enter the US he can apply, there is nothing that requires him to be here for a year or five years. If so could you be good enough to post it.

    And we all know there are no illegals in this country because if you look at ICE we all know that they are on guard against it. Your faith in the government and its power to pass laws is touching, simply touching.

    The one third of the total SSA budget debvoted to SSI doesn’t come from social security funds, it comes from taxpayer pockets. That makes it better right ITSME? I wonder how you justify the taxes that prevent the average American citizen from buying his own home, getting a better education for his children or preparong for his own retuirement to finance aliens who are public charges and according to US law should be deported.

    Again we all know that its the law, which you contantly refer to, but which the government ignores in its scramble to build a bigger and better welfare state. The law permits anyone to get SSI within the very limited restrictions of the law, I have seen 18 year old apply for it because they were too nervous to work'; in Lousiana there was such a widespread scam because parents told their kids to act crazy costing hundreds of millions.

    Limited in what way? There is no residency requirement as you indicate; there is no work requirement as in SS. Do you understand the program and its origins? Have you read the law? Do you know why it was passed?

    I suggest you review this thoroughly before trying to do a bad immitation of Clinton testifying about the definition of “is.”

    Thomas Jackson (bf83e0)

  53. Thomas Jackson #52:

    Tell you what, I’ll refrain from insulting your motives if you’ll extend me the same courtesy.

    I posted the information about eligibility of aliens for SSI before. Here it is again. Start about halfway down the page under “CITIZEN / NON–CITIZEN STATUS.”

    SSI eligibility

    Itsme (1efa4c)

  54. Itsme:

    And as noted before one only needs to be a legal resident. This is granted at a US embassy once your papers are authorized, before you even step foot on US soil.

    Such benefits are justified by what? And your justification is?

    The tax credits system requires no proof and has no way to verify citizenship as it is now demonstrated that DOJ will not cooperate with other US agencies and the fraud according to both IRS and GAO totals in the billions for this program.

    The government cannot enforce its own rules and expecting them to be able to enforce its own regulations is worse than folly, it is an invitation to theft and fraud. The results are predictable. To continue to cite the law neither explains the problem nor resolves it but sounds nothing so much as playing a trump card to cover the falures, complete ineffeciveness and mismanagement that the US people have come to expect from the government at all levels.

    The failure to deport all individuals who entered the US legally and are now public charges is just another example of the corruption of Washington, the welfare lobby and the welfare bureaucracy.

    Thomas Jackson (bf83e0)

  55. TJ, please go back and read the information I provided.

    Itsme (1efa4c)

  56. To TJ cont’d:

    You’ll notice that even if someone has been lawfully admitted for permanent residency, he or she must additionally meet, in addition to the regular eligibility requirements, at least one of the following requirements:

    “1. You were receiving SSI benefits and lawfully residing in the United States on August 22, 1996.

    2. You are LAPR with 40 qualifying quarters of work.

    Work done by your spouse or parent may also count toward the 40 quarters of work, but only for getting SSI benefits.

    We cannot count quarters of work earned after December 31, 1996 if you, your spouse, or your parent worked or received certain benefits from the U.S. government based on limited income and resources during that period.

    IMPORTANT: If you entered the United States for the first time on or after August 22, 1996, then you may not be eligible for SSI benefits for the first five years as LAPR, even if you have 40 qualifying quarters of work.

    3. You are currently on active duty in the U.S. Armed Forces, or you are an honorably discharged veteran and your discharge is not because you are an alien. This condition may also apply if you are the spouse, widow(er), or dependent child of certain U.S. military personnel.

    4. You were lawfully residing in the United States on August 22, 1996, and you are blind or disabled.

    5. You may receive SSI benefits for a maximum of seven years from the date DHS granted you a status in one of the following categories, and the status was granted within seven years of filing for SSI benefits:

    refugee under Section 207 of the Immigration and Nationalisty Act (INA);

    asylee under Section 208 of the INA;

    alien whose deportation was withheld under Section 243(h) of the INA or whose removal is withheld under Section 241(b)(3) of the INA;

    “Cuban and Haitian entrant” under Section 501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a “Cuban and Haitian entrant” for SSI purposes; or

    “Amerasian immigrant” under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended.

    IMPORTANT:You may be eligible for SSI beyond the seven year period if you are in one of these categories, and you also meet one of the other conditions (1–4) above.”

    Itsme (1efa4c)

  57. Itsme #28:

    I don’t believe there is a requirement that one be a US citizen in order to pay federal income taxes. For example, the income of resident aliens is taxed in the same way as that of citizens, according to the IRS.

    Okay, but the question I responded to was: “Is paying taxes on the wrong number a crime?” I took that to be a reference to an illegal alien using a false or stolen social security number on a tax return. Most likely a wrong number would’ve been either a) stolen from a citizen or b) obtained using a phony birth certificate. Either way, that sounds like a Title 18 violation to me, although I’d question how many illegals actually file tax returns.

    Independent Conservative (112949)

  58. Well you sign every income tax form with a declaration under the penalty of perjury, so there’s that …

    Itsme (1efa4c)

  59. Itsme:

    Nowhere in the documents does it state with any sort of finality that you must be a resident or that you must meet any requirement. I suggest you re read the data requiring work for SSI-there is absolutely no work requirement for SSI. Thats the entire point of it. It is designed for individuals who are not qualified for SS.

    This is what makes it such a disgrace. You need only be 65; legally in the US; or disabled.

    So your point is? By the way the joke of all this is that assets aren’t even counted so it is possible for someone to own a home or have large bank accounts.

    The entire SSI program is a giant fraud that robs the American people. Little wonder the government takes such great steps to confuse it with Social Secuirty in the minds of the American people.

    All those on SSI would be my first targets for deportation.

    Thomas Jackson (bf83e0)

  60. Thomas Jackson –

    I don’t know how to make it any more clear. I even posted the excerpt from the Social Security site. Please go back and read it again.

    Good luck to you.

    Itsme (edb6b1)


Powered by WordPress.

Page loaded in: 0.3258 secs.