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Dear Editor:

Mr. Bruce Hake continues to make statements that appear to be inaccurate. In his letter of 2/15/02 he wrote that EWI (Entry without Inspection) was "not a continuing offense," and that the alien would have to be "caught in the process of entering" to be prosecuted. I thought perhaps things had changed since I retired from the Border Patrol six years ago, so I did some checking. I was assured that if aliens are found in the US and it's proven that they entered EWI, they can be, and often are, prosecuted for that charge several years after the fact. If Mr. Hake has evidence to the contrary, other than his statements, I'd like to know where I could find it. Title 8, United States Code, Section 1325(a) seems pretty clear on its face. Perhaps Mr. Hake was referring to 8 USC 1325(b) which says that ..."Any alien who is apprehended while entering (or attempting to enter)" (underlining added) via EWI is subject to civil penalties. It goes on to say that these penalties ..."are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed."

Additionally, many of the visa over-stays have committed crimes. Possessing false documents, lying to obtain employment, lying to federal and other law enforcement officers, etc., all of which are crimes. Mr. Hake wrote, "The majority of foreigners in the United States who are potentially subject to deportation, including EWIs, are not criminals." Perhaps not in his eyes, but they have committed one or more crimes.

Mr. Hake wrote that "false arguments" are heard from those of us who believe that the immigration laws should be enforced. (Paraphrased) He wrote that the reason for these false arguments "...is that the true motivations are ugly." Mr. Hake apparently can tolerate no differing opinion over what should be done about immigration, and so must assume that we have "ugly motivations." If it's "ugly" to be motivated by a concern for what this country will be like with 400 million people by the year 2050, I plead guilty.

John H. Frecker
Baileyville, ME


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