An appeals court has concluded that just being an illegal alien in the United States doesn't necessarily violate the law, so a judge cannot deny probation and require a jail sentence for a convicted drug dealer who is an illegal alien.
The opinion from the Kansas Court of Appeals came in the Barton County case involving convicted drug dealer Nicholas L. Martinez.
The ruling found that while the laws of the United States make it illegal to enter the United States without authorization, being in the United States after entering illegally is "not necessarily a crime." ...The court ruling explained that those entering the United States illegally are subject to deportation, which can be based on "any number of factors."
"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.
Oh brother....
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