Until recently the persons primarily crossing the border were men looking for work. That's NAFTA. NAFTA made working as a professional in the USA or Canada or Mexico easy when needing credentials in Canada or a Canadian or Mexican needing credentials in the USA, ie: Nurses. That is Americans crossing a border to work in a different country because of NAFTA and vice versa. Why aren't these people treated the same way?
June 27, 2019
by Gaby Del Valle
It was the first moment of fireworks Wednesday night. (click here) Julian Castro, the former HUD secretary under President Obama, took a shot at his fellow Texan, former Rep. Beto O’Rourke on his record on immigration: “I think you should do your homework,” Castro said.
The issue? A little-known, near-century-old statute that’s the backbone of Trump’s family separation policy.
Section 1325 of Title 8 of the U.S. Code makes it a crime for someone to enter the U.S. somewhere other than an official port of entry. It’s what makes crossing the border without authorization illegal — specifically, a misdemeanor; re-entering after being deported is a felony — and it dates back to a low point in U.S. immigration history....
The kind of work these men were performing was vital to the agricultural southwest. I met them and their children. They were a community whereby their children went to school except during harvest and even then they were provided at home education to maintain their studies. There were very strict laws enacted in Southern California when it came to spraying crops with anything. When there was a violation of such laws that endangered the health of these workers, the plane operator was facing a judge.
Just because they aren't professionals with a license means they are disposable workers. There was a big warehouse store in Bakersfield that catered to their needs. They sold inexpensive items in bulk and some of the attendants spoke Spanish. These workers and their families were valuable parts of that economy.
So, I don't get it. Why hasn't NAFTA kicked in and ended the laws that hurt these valuable people the most?
Section 1325 (click here) sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.
Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.
[cited in JM 9-73.200 (click here)]
