Nope, legally people under 18 years of age do not accrue unlawful presence. I’ve seen mixed reports, though, on whether knowing false claims of U.S. immigration status (citizenship or permanent residence) are ever excusable by minors - most recent reports say not.
I’ve never seen a case, though, on the point of whether unknowing false document presentation by a minor, as appears to have happened on Mr. Vargas’ initial (and as far as I know, only) entry to the U.S. is ever considered excusable. It looks like the lie on the I-9 may be the most unforgivable sin here, as far as immigration violations go; there’s no waiver for lying about U.S. citizenship.
Reality check- As long as we want a cheap underclass to provide cheap labor, we are going to have illegals.
There’s a really quick way to ensure that we solve this problem.
Run ICE like OSHA and the IRS. Put all the emphasis on the end user. Also set up a 1-800 line where employees can rat out their employers.
If you are caught hiring an illegal alien, $10,000 fine. No excuses, no, ‘his paper looked fine’. No ‘the agency said he was okay’. If he’s illegal, and he’s working on your jobsite, you are responsible.
If you are caught hiring one a SECOND time, $100,000 fine, and you are forced to put a sign in your window about what your crime was. Something like 'I was caught hiring illegal aliens, depriving an American of a decent wage. Please consider my lack of ethics when doing business with me."
Third time, government takes everything you have an auctions it off.
I doubt there will be many third time offenders. I suspect that people will actually do the background checks they should have been doing all along.
I can’t see how Vargas or people can be held responsible for breaking this particular law. He was only 12, and his parents lied to him about his documents being legal.
I wouldn’t deport him because: he was a child when he came, he’s the ONLY member of his family who came illegally, he’s been a productive American since his arrival, he has no memories/ties to the Phillippines.
Does anyone in this thread actually think he should’ve thought on his 18th birthday: “Well, I’m here illegally, and now that I’m 18, I need to leave, returning to the country I have no memories of, no ties to.”
Well, for example, if you don’t use your turn signals properly before making a turn, you are breaking the law but nobody would consider that you have commited a crime.
No, but he should have fessed up, explained the circumstances, gotten permission to be here, and lawfully earned his citizenship. Then he wouldn’t have had to announce to the world that he’s illegally here and how he essentially conned his way through adulthood.