New Mexico hero who saved girl says he's in United States illegally

[George Gervin's Afro]

New Mexico hero who saved girl says he's in United States illegally


ALBUQUERQUE, N.M. (AP) — The man who chased down a suspected child abductor and saved a 6-year-old girl from what could have been a horrible fate will be honored as a hero Friday. But he is also gaining a new kind of celebrity: as a poster child of sorts for immigration rights in state and national immigration debates.

Antonio Diaz Chacon, 23, is married to an American and has been in the country for four years. But Chacon says he abandoned attempts to get legal residency because the process was difficult and expensive.

Diaz Chacon revealed his immigration status to Univision this week and confirmed to The Associated Press that he is illegal, prompting chatter on the Internet and social networking sites that his case underscored immigrant rights positions in two ongoing political debates.

Some argue he is an example of the kind of immigrant the federal government will now largely leave alone. The Department of Homeland Security announced Thursday that deportations would focus on criminals.

“As exceptional as his story is,” said Christina Parker, a spokeswoman for Border Network for Human Rights in El Paso, Texas, “it points to the fact that most undocumented immigrants living in the United States are not criminals. He’s more than not a criminal now. He’s a hero.”

Others used it to blast New Mexico Gov. Susana Martinez’s ongoing attempts to repeal a state law that allows foreign nationals, including illegal immigrants, to obtain a driver’s license. The governor has put the repeal, which was defeated in the regular session earlier this year, on the agenda for a September special session.

Diaz Chacon’s status didn’t play a role in Albuquerque’s decision to honor his bravery. Mayor Richard Berry planned an afternoon ceremony to recognize the fact that Diaz Chacon jumped in his pickup and chased the suspect until he crashed into a light pole. Diaz Chacon then rescued the girl as the driver of the disabled van ran into the desert. The suspect was arrested later by police.

In deciding to hold the ceremony, city officials said the question of Diaz Chacon’s immigration status never even came up. “Today’s proclamation for Mr. Diaz Chacon is to celebrate the heroic actions that he demonstrated when he saved the life of a 6-year-old girl in danger,” the mayor’s spokesman, Chris Ramirez, said in a statement. “Mayor Berry is proud of Mr. Diaz Chacon’s actions and joins the community in honoring his heroism.”

The governor’s office said its position was unchanged and accused immigrant rights groups of exploiting Diaz Chacon. “The Governor believes foreign nationals here legally, whether through work pemits or visas, should be able to receive driver’s licenses, but is opposed to giving driver’s licenses to illegal immigrants,” Martinez’s office said in a statement.

“The radical special interest groups shamefully exploiting this man, who may or may not be here illegally, to further their cause cannot ignore the litany of well-documented cases of this policy that put the public at risk, one of which occurred literally a few blocks away at a Denny’s restaurant in 2009 when gang members from El Salvador who had driver’s licenses committed a murder.”

Marcela Diaz, with the Santa Fe-based Somos Un Pueblo Unido, said the larger question was the fact that Diaz Chacon could acknowledge to being illegal in New Mexico without fear of being deported, but the same might not be the case in other states. “The question I would ask is, ‘Would this have played out the same way if we were in Arizona, or Georgia or Alabama?’ ” she asked.

For his part, Diaz Chacon, a father of two, isn’t worried and said he doesn’t regret saving the girl. “I’m not worried. Why should I?” he said. “It’s not like I committed a murder or a felony.”


SO I guess they all aren't criminals...

[jimo2305]

give it up.. people are too stupid to understand the moral of the story.. might as well exploit the system by marrying an american citizen

[DMC]

They are all criminals. Being here illegally makes you a criminal.

[Viva Las Espuelas]

SO I guess they all aren't criminals...

Yeah. Just like all _________ aren't all bad. Funny how that works, huh? :rolleyes

[Viva Las Espuelas]

Being here illegally makes you a criminal.what a concept!

[DMC]

what a concept!
It's pretty simple: If you are doing what you know to be against the law, you are a criminal. Sure there's a gradient where morality and ethics is concerned, especially when it comes to feeding your family and having a decent life, but where the law is concerned, it's cut and dry.

Actually, you aren't even required to be aware that you are breaking the law in order to be a criminal, however I am pretty sure most of the adult immigrants who are here illegally know they are here illegally.

[ElNono]

They are all criminals. Being here illegally makes you a criminal.

Not really. Immigration is a civil matter, IIRC.

[ElNono]

Let me rephrase that... barring any criminal activity, immigration is a civil matter.

[DarrinS]

I like how they hang Mexico's flag from their rearview mirrors. That's like me hanging Sweden's flag. I would never even think to do that?

[Viva Las Espuelas]

those dern illegal civil matter breakers :lol

[ElNono]

those dern illegal civil matter breakers :lol

:lol

[ElNono]

I like how they hang Mexico's flag from their rearview mirrors. That's like me hanging Sweden's flag. I would never even think to do that?

Well, you're not a swede, right?

[DarrinS]

Well, you're not a swede, right?

Even if I were.

[DMC]

Not really. Immigration is a civil matter, IIRC.
Under Title 8 Section 1325 (http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325)of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:


Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
Eludes examination or inspection by immigration officers; or
Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.


"Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
imposed."

[ElNono]

Even if I were.

Plenty of 2nd and 3rd generation Italians do that kind of stuff here. Don't see what's wrong with it. They're fully aware they're 100% American.

[ElNono]

Under Title 8 Section 1325 (http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325)of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

Most illegal aliens do not enter illegally, but overstay their visas. That's why I said "barring criminal activity".

Once in the country, overstaying is not a criminal offense, just a civil administrative offense.

[DarrinS]

Plenty of 2nd and 3rd generation Italians do that kind of stuff here. Don't see what's wrong with it. They're fully aware they're 100% American.

Perhaps it's geography. I only see Mexico flags in these parts.

[ElNono]

Probably

[ElNono]

BTW, Congress voted to change the "illegal entry" from a misdemeanor to a felony, but it didn't pass.

[DMC]

Most illegal aliens do not enter illegally, but overstay their visas. That's why I said "barring criminal activity".

Once in the country, overstaying is not a criminal offense, just a civil administrative offense.

How could you possibly know that unless you know how many illegals there are? It kind of begs the question, doesn't it?

These wetbacks aren't overstaying visas. They are being carted in by coyotes for cash.

[DMC]

BTW, Congress voted to change the "illegal entry" from a misdemeanor to a felony, but it didn't pass.
Last I checked, a misdemeanor was a crime as well. People overlook the potency of a misdemeanor.

[ElNono]

How could you possibly know that unless you know how many illegals there are? It kind of begs the question, doesn't it?

It isn't really that unknown. US Officials do have some estimates on that because they have valid records for entry but not the I-94 record for exits.

From this article (Read more: http://www.yumasun.com/articles/visas-64063-immigration-visa.html#ixzz1VceTVtYG):

U.S. officials say the sheer number of people who stay after their visas expire – an estimated 300,000 a year – along with record-keeping and manpower constraints make it impossible to track every person with a story like Jose's and Guadalupe's.


I know I read a study not that long ago about it (I think it was a PEW research study), but I don't have a link handy. If you're really curious you should be able to spot it.

[ElNono]

Last I checked, a misdemeanor was a crime as well. People overlook the potency of a misdemeanor.

Not saying it isn't a crime at all. My comment was targeted more towards the hard-line posters here, to understand why some of these people are not locked up in all cases.

[DMC]

I don't think they should be locked up. They should be screened and legalized if possible.

[ElNono]

IMO, barring any felony that they should do time for, they should be sent back. Locking them up for any extended period of time is a waste of time and money.

[ElNono]

I found this (http://www.politifact.com/truth-o-meter/statements/2010/jul/12/luis-gutierrez/democratic-rep-gutierrez-says-40-percent-illegal-i/) about that Pew research doc, that it says was from 2006.

I'll take back the 'most' and just say 40% of them do come in legally.

[DMC]

I found this (http://www.politifact.com/truth-o-meter/statements/2010/jul/12/luis-gutierrez/democratic-rep-gutierrez-says-40-percent-illegal-i/) about that Pew research doc, that it says was from 2006.

I'll take back the 'most' and just say 40% of them do come in legally.
There's no way to know. That doesn't mean you are wrong, just that it's pointless to give numbers to things that are happening in an uncontrolled, undocumented fashion.

Anyhow, the numbers are unimportant. Expired visas are the same as expired drivers licenses. We get caught with expired permits, we are charged with a crime.

[ElNono]

Anyhow, the numbers are unimportant. Expired visas are the same as expired drivers licenses. We get caught with expired permits, we are charged with a crime.

Driving with expired permits is a crime. Having expired permits is not a crime.

And I disagree that numbers are not important.

[DMC]

all those with expired visa's surely have expired drivers licenses as well

And that's how we're going to catch them.

[ElNono]

To expand on why I think numbers matter, in order to tackle the problem you need to know what you're dealing with. A lot of people talk about electric fences, army in the border, etc. But if you have half of the people coming in legally then that's just not going to be as effective as it needs to be.

[ElNono]

all those with expired visa's surely have expired drivers licenses as well

tbh, except for one or two states, you can't get a driver license without papers.
Other than a counterfeit license obviously. China has actually been producing high-quality counterfeit licenses lately (more here (http://www.middletownjournal.com/news/middletown-news/high-quality-fake-ids-seized-1224886.html))

[Viva Las Espuelas]

Under Title 8 Section 1325 (http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325)of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:


Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
Eludes examination or inspection by immigration officers; or
Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.


"Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
imposed."

i'm glad illegal meant illegal back then

[DMC]

Driving with expired permits is a crime. Having expired permits is not a crime.

Overstaying a visa will get you civil penalties and possibly deported. Entering illegally is a crime. The penalty difference doesn't negate the similarity of the infractions. A person's license could expire while they are driving, if they are driving past midnight (although there's normally a 5 day grace period). Both are permits, both have expired while the person is still engaged in what the permit allows.


And I disagree that numbers are not important.
They aren't important for our discussion.

[ElNono]

They aren't important for our discussion.

I thought we're talking about illegal immigration. As I stated previously, I do think it matters.

[DMC]

I thought we're talking about illegal immigration. As I stated previously, I do think it matters.

You need to divide your argument into subcategories to avoid moving the goalposts.

On one hand you have the illegal, undocumented immigrants from Mexico. I believe a good deal of the hub bub has been about them. Certainly the OP was talking about an undocumented immigrant.

On the other you have expired visas from all different parts of the world. I haven't heard much from that side of the room since they are documented and known to be in the country and should be rather easily rounded up.

Being an undocumented immigrant is a crime. Having an expired visa is not.

Let's address one at a time.

[DMC]

(double post)

[4>0rings]

What was the system of becoming a U.S. citizen back in the day? Getting off the boat?

[DMC]

What was the system of becoming a U.S. citizen back in the day? Getting off the boat?
At Ellis Island and going through the process of registering.

[4>0rings]

At Ellis Island and going through the process of registering.
So marking an X on a book. Before Ellis Island?

[ElNono]

You need to divide your argument into subcategories to avoid moving the goalposts.

Being an undocumented immigrant is a crime. Having an expired visa is not.

Let's address one at a time.

Well, that was my argument. You summed it up pretty well.

Now both cases are illegal. No doubt about it.

As far as what can be done about it, I think we've discussed that a few times. We can rehash some of that if that's what you're looking for.

[ElNono]

During the wars was an exception, since most of them were refugees. The US actually closed the port entry in NY back in WWII at some point once they received enough and re-routed the ships to other ports in Latin America.

[DMC]

So marking an X on a book. Before Ellis Island?
Nice strawman.



You'll have to ask Culbert. I wasn't around then.

[DMC]

Well, that was my argument. You summed it up pretty well.

Now both cases are illegal. No doubt about it.

As far as what can be done about it, I think we've discussed that a few times. We can rehash some of that if that's what you're looking for.
Who was referring to expired visas before you brought it up?

When the OP says "they are not all criminals", unless he's talking about every immigrant who doesn't have current legal status, I took it to mean, tongue in cheek, that not all undocumented immigrants are criminals when, by the nature of being what they are, they are criminals. Are they bad people? Most I've met aren't, but that's neither here nor there.

[ElNono]

Who was referring to expired visas before you brought it up?

When the OP says "they are not all criminals", unless he's talking about every immigrant who doesn't have current legal status, I took it to mean, tongue in cheek, that not all undocumented immigrants are criminals when, by the nature of being what they are, they are criminals. Are they bad people? Most I've met aren't, but that's neither here nor there.

Sorry, I didn't even read the OP. Your comment about 'criminals' just stood out, and I wanted to point out that technicality. That's all.

[Oh, Gee!!]

They are all criminals. Being here illegally makes you a criminal.

entry is the criminal/civil infraction; being here isn't.

[4>0rings]

who gives a fuck if it's criminal it's still against the law send em back. that's millions of more jobs for AMERICAN'S who will actually pay TAXES.
Who the fuck is going to build your deck or fence for $100 and a case of beer?

[DMC]

Who the fuck is going to build your deck or fence for $100 and a case of beer?

I don't know, but when you find him, send him my way.

[DMC]

entry is the criminal/civil infraction; being here isn't.

The sudden stops is what kills you, not the fall.

[jimo2305]

who gives a fuck if it's criminal it's still against the law send em back. that's millions of more jobs for AMERICAN'S who will actually pay TAXES.

lmao at the thought of undocumented aliens not paying taxes.. :lol

[ManuBalboa]

Take one hero in, kick one useless moocher out. Do it.

[ManuBalboa]

Who the fuck is going to build your deck or fence for $100 and a case of beer?

Men should build their own decks and fences.