How Claiming To Be An Illegal Alien Is Getting Many Legal Immigrants Off Scot-Free And Other Loopholes

black Image of scales on white background with the words, "calibrate the scales" overlaid. As with any set of scales, the scales of justice must, from time to time, be recalibrated. Total balance is never achieved, but all in the criminal justice and legal systems must strive for it as much as possible.

So much attention has revolved around what to do with illegal immigrants that no one would guess that someone would lie about their status to pretend that they aren’t legal residents. But it is not only happening; it is allowing criminals to escape prosecution, and giving illegals who commit crimes, a new lease on life without facing punishment. Claiming to be an illegal is giving legal residents a “get out of jail free” card.

When someone of Hispanic origin is accused of a crime, if they conceal their identity and claim that they are here illegally, the courts give them the option to stand trial or to return to their country of origin. Sounds like a good way to save American prisons from being overcrowded and the American taxpayers from having to pay for someone who isn’t here legally, right?


But claiming to be an illegal is just one of the ways that people are cheating the system. Also at the center of immigration debate are sanctuary cities, that are not only trying to avoid illegals being deported and then coming back; sanctuary cities are also trying to pass legislation that makes it nearly impossible to deport an illegal altogether.


The Trump Administration is doing everything possible to improve immigration security, especially in light of what is going on in the UK and abroad. Having more control over who is in America, why they are here, and what they are up to has never been more critical. It’s not a case of not being welcoming; immigration issues are now about national security, even if sanctuary cities don’t see it that way.

Just last week Denver systematically reduced misdemeanor charges to protect illegals from deportation. By lowering misdemeanor crime penalties, the city makes it much less likely that ICE will be alerted, which protects illegals from being sent back to their native country. Among those criminal penalties that were reduced were those related to domestic violence, which has many women’s rights advocates incensed.


It isn’t just Denver that is protecting immigrants more heavily than their federal cohorts. A criminal attorney in Aurora can confirm cities in California and New York are minimizing the penal code to ensure that the states are protecting criminals from immigration law consequences.


In reaction, Trump is attempting to block funds from flowing to those cities who are changing their criminal codes to keep their sanctuary cities safe for illegals. Unfortunately, the courts have not ruled in Trump’s favor, which isn’t leaving much room for the federal government to step in and take over noncompliant cities.


The Obama Administration only exacerbated the flood of immigration by not enforcing the current immigration laws and turning a blind eye. That gave illegal aliens, a false sense of security, which only fostered the ideation of sanctuary cities. Believing that it is a state’s job to keep families safe and intact, instead of protecting American citizens from those who perpetrate crime and are here illegally, law enforcement in cities like San Francisco and New York are fostering laws that keep criminals here and jeopardize communities.


It is difficult to enforce laws if systematic hurdles and roadblocks are in the way, which is precisely what the sanctuary cities want. Not just trying to keep the innocent wage-earning immigrants here, many cities are taking it one step too far, and the federal government is having a hard time overriding states’ rights issues.


Although many political pundits are trying to convince the public that the Trump Administration wants to deport illegals across the board, the truth is that the laws are already on the books. The only thing that the current Administration is attempting to do is to enforce what already exists.


Sanctuary states are not only blocking every effort; they are putting the safety of their citizens at risk. Just because you don’t like a law that doesn’t mean that you get to pretend that it doesn’t exist, or can seek to circumvent its enforcement by not penalizing criminals. That isn’t helping or protecting anyone. Whether it is legal immigrants pretending not to be or illegals pretending to be, the whole system seems to be in disarray.

Hugh Howerton