The question raised was regarding “ due process.”
I would also offer that some we know of have been detained IN SPITE of being here legally .
Sent from my iPad

On May 13, 2025, at 9:54 AM, Fred Hopengarten <[email protected]> wrote:



OK, I’m a lawyer, and I’m responding. As to broader matters, I make no statement, but improper entry is subject to both criminal and civil penalties. Repeat violations can elevate the misdemeanor penalties. As a felony, illegal entry can result in up to two years of jail time.

8 U.S. Code § 1325 - Improper entry by alien

 

(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) 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, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b)Improper time or place; civil penalties Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—

(1)

at least $50 and not more than $250 for each such entry (or attempted entry); or

(2)

twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

 

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

 

This federal law, 8 U.S. Code § 1325, should dispel the notion that improper entry is only a civil offense.

 

Fred Hopengarten, Esq.                                [email protected]

Six Willarch Road                                              www.antennazoning.com

Lincoln, MA 01773                                                   781.259.0088

 

From: Lincoln [mailto:[email protected]] On Behalf Of Joan Kimball
Sent: Tuesday, May 13, 2025 8:33 AM
To: Rick Sale; Listserv, Listserv
Subject: Re: [LincolnTalk]
🚨 Today at 3:00. Protest ICE arrests in Acton.

 

We know thatl due process which we are ALL ENTITLED TO is not happening.  We know because we have been reading about recent cases.  To cross the border without documentation or to overstay your visa is a civil, not criminal offense. Lawyers please respond.

 

 

 

<image001.jpg>
 

 

 --Thich Nhat Hanh

 

On Tue, May 13, 2025, 7:36 AM Rick Sale <[email protected]> wrote:

Against the law? That’s the overarching question here. If people are in the country illegally, that is against the law. 

 

Due process? We’ve been discussing this as well: The assumption is that individuals being rounded up are ‘not’ getting due process. How do we know that? 

 

All we have is questions.

 

On Tue, May 13, 2025 at 6:53 AM Lisa Putukian <[email protected]> wrote:

How are you defining “against the law”?  Parking tickets?  We must fight for due process. 

L

 

Sent from my iPhone. Please excuse typos!



On May 12, 2025, at 10:57 PM, Rick Sale <[email protected]> wrote:



All in as well but shouldn’t there be an effort to determine root cause of individuals being apprehended in the name of journalistic integrity? Is ICE Simply rounding up random people? Are the people that are being targeted doing something illegally or against a law on the books? 

 

On Mon, May 12, 2025 at 2:22 PM Kathy Madison via Lincoln <[email protected]> wrote:

Agree!

 

Where do we start? 

 

How do we organize Lincoln?

 

Do you know if other towns are organizing?

 

This is no academic exercise, but a choice between the rule of law and tyranny. Right now.

 

 

Kathy

 

 



On May 11, 2025, at 5:07 PM, Sara Mattes <[email protected]> wrote:

 

We should think about/ talk about what we would do as individuals and as a community when ( not if) it happens here.

 

Sent from my iPad


Begin forwarded message:

From: Concord Indivisible <[email protected]>
Date: May 11, 2025 at 12:15:17 PM EDT
To: [email protected]
Subject: 
🚨 Today at 3:00. Protest ICE arrests in Acton.
Reply-To: [email protected]



It's happened in our community. 

 

<image004.jpg>

Yesterday masked ICE agents abducted individuals off the streets of Acton. 

Given the Trump administration's track record of acting illegally and cruelly, we are joining with the Peacemaker's Network for an emergency protest today at 3pm in front of Acton Town Hall at 472 Main St.

 

State Senator Jamie Eldridge will be there. Here's a post from him yesterday:

 

<image005.png>

 

 

 

Sent via ActionNetwork.org. To update your email address, change your name or address, or to stop receiving emails from Concord Indivisible, please click here.

<image006.gif>

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