The Briar Philosopher - The Law of the Land

I haven’t said much at all about the current situation with ICE in this country, but there have been plenty of voices out there justifying and spinning incidents to look more favorably on ICE’s current mode of operation. It should be noted that American Citizens are not required to carry ID and certainly not required to produce one for ICE agents. American Citizens are not required to open the door of their vehicle without a search warrant signed by a judge, not an ICE agent, and American Citizens are not required to answer any questions from ICE agents. 

People will believe whatever fits their narrative when it comes to such things as the killing of a U.S. citizen in Minnesota, so I’m not going to belabor that point but I do believe it is of utmost importance that the general public understand where U.S. law actually stands on these matters. 

This excerpt comes from a woman by the name of Susana Perez, who has done her due diligence in researching the law of the land.  These facts have been thoroughly vetted. While we may disagree on some particulars, the Law is the Law, and the Constitution is the Constitution.  Our founders strongly believed that the U.S. was to be a nation of laws, not of persons or personalities. I believe the same. 

“So, here’s the fact:  being undocumented in the U.S. is not a criminal offense.

And the fact that so many don’t know this tells me exactly how little they understand about the law.

So let’s be clear—without slogans, without propaganda.

There are two kinds of law:

Criminal law punishes harm.

Violence. Theft. Assault. Fraud.

Arrest. Charges. Prison. Criminal record.

Civil law manages systems.

Taxes. Permits. Contracts. Licenses. Immigration status.

Civil violations do not make someone a criminal.

Speeding is illegal.

You’re not a criminal.

Overstaying paperwork is a civil violation.

Still not a criminal.

Immigration law lives in civil law.

That’s why undocumented immigrants go to immigration court, not criminal court.

That’s why deportation exists as a civil remedy, not prison as punishment.

That’s why simply being undocumented does not equal a criminal conviction.

Yes—illegal entry can be charged as a misdemeanor.

But here’s the part people conveniently forget:

Illegal entry is a completed act, not an ongoing crime.

If someone crosses the border, isn’t caught, and later is found living here, they are generally placed into civil removal proceedings, not charged criminally just for existing. That distinction is intentional. Written into law. Enforced for decades.

So when people scream “they’re here illegally,” what they’re really saying is:

“They violated a civil rule”—whether they understand that or not.

Here’s another fact. 

Everyone on U.S. soil has constitutional rights.

Citizens. Immigrants. Undocumented immigrants.

Due process.

Equal protection.

Protection from unreasonable searches and seizures.

The right to a hearing.

Those rights don’t vanish because someone makes you uncomfortable.

America is supposed to be proud of that.

Yet the same people who scream about tyranny, worship the Second Amendment, and claim to love the Constitution are suddenly fine with federal officers operating with unchecked power—detaining people based on accents, skin color, or appearance to hit quotas.

“Constitutional rights” seem to disappear when the person doesn’t look like you.

That isn’t law and order.

That’s selective morality.

History has a pattern for this.

It starts with dehumanizing language:

“They’re illegal.”

“They don’t belong.”

“They’re the problem.”

And it always ends with:

“I didn’t think it would go that far.”

We’ve seen this movie before. Every time.

What makes it even uglier is how often cruelty gets wrapped in religion and patriotism.

You don’t get to preach love while cheering abuse.

You don’t get to wave the flag while shredding the Constitution.

You don’t get to claim moral authority while supporting collective punishment.

Less than 1% committing crimes does not justify targeting millions.

That isn’t justice.

That isn’t American.

That’s fear looking for permission.

So let me end this plainly:

Undocumented does not mean criminal.

Civil violations are not crimes.

Constitutional rights do not disappear because someone fails your purity test.

And the people willing to throw all of that away aren’t defending law and order.

They’re defending power without accountability.

History never remembers those people kindly.”  ~Susana Perez

If we’re not going to stand with the Constitution, we’re standing on very unstable ground, ground that historically (for thousands of years) has seen the downfall of every democracy or representative republic that has ever existed in the Western world. I say the Western world because many Native American and other indigenous communities lived under successful democratic systems for 100s of years, until they were “discovered.” 

This newspaper allows all kinds of opinions. You will find that at least one of my fellow columnists holds different views on this, and on several matters, than yours truly. One of them would even take away my right to vote if they had the power to do so. I write this for balance and to inform. I urge each of you to do your own research and come up with your own conclusions, but please let them be your own.