According to the Immigration and Nationality Act Section 237 (a)(1)(B)
Classes of deportable aliens
Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
1. Inadmissible at time of entry or of adjustment of status or violates status
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
B. Present in violation of law
Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i) of this Act [8 U.S.C 1201(i)] , is deportable.
It doesn’t get much more clear than that.
Granted things will get complicated if the Attorney General refuses to give “the order”.
But just because untold millions (don’t believe any of the numbers you are told unless you’re ready to multiply it by at least two) of illegal aliens willingly violated our sovereign border, doesn’t mean the law itself is “broken”, that is if you also are willing to cite the AG as an accessory to the crime for willful neglect of his duties as the law’s enforcer.
But let’s, just for a few minutes, admit the law IS broken despite a lack of political resolve to enforce the border. If millions of people violate a law, should we just forgive the lawbreakers and have our lawmakers succumb to political pressure and rewrite the law in the lawbreaker’s favor?
For example, many people are beaten up in the country every day. Should we just forgive those who’ve committed the beatings, have yet to be caught, and rewrite the law that made aggravated assault illegal?
Many banks, liquor stores, and gas stations are robbed every day. Should we just forgive those who’ve committed the robberies, have yet to be caught, and rewrite the law that made grand larceny and armed robbery a criminal offense?
While the above examples are crimes with victims, it can’t honestly be argued that illegal immigration is a victimless crime.
Let’s not fall for the whole “immigrants put more into the system than they take out”. That can be debunked on many levels. The cost of illegal immigration and those who accept the taxpayer-funded benefits once here are in the billions annually.
Aside from the fact many pay no federal income tax, sales tax is no great equalizer. A good portion of the illegal’s earnings are sent back home to family, thus only really benefits companies like Western Union. And as most of us value human life over money, the number of violent crimes committed by illegal aliens that hurt residents (kidnapping, rape, murder, driving under the influence) aren’t worth their so-called contributions.
There is an estimated 11.5 million undocumented people living, working and raising families in the United States. We need to get those with no criminal records into the system, on the books, and the ability to earn legal status. It is in our national interest to reestablish the rule of law and make sure that everyone — employers, citizens, immigrants, and law enforcement — are playing by a clear set of rules that are evenly enforced. That is what comprehensive immigration reform is all about.
— Rep. Luis Gutierrez, (D-IL)
How Congressman Gutierrez expects cooperation from those who disregarded the rules in the first place is something that will probably be addressed and ultimately excused later.
The children who crossed our border illegally shouldn’t expect us to rewrite our laws because their parents dragged them across. Take it up with them and ask them to justify their lawbreaking. Having them take responsibility for the actions will never happen, so why should we want such people here? We have more than enough of that already.
I know it’ll never happen, but if you wish to advocate for illegal aliens, explain the reasoning to an immigrant still waiting for years to come here legally (who doesn’t have the convenience of a border to walk across), but don’t insult our intelligence by saying the “law is broken”.
It isn’t and never was.