Since that is an element of the offense, the Mendoza case says you have to be able to at least collaterally attack that because you never had a chance to do so initially. This eliminates that constitutional case. You can't do that by statute. So the point I am making is that the majority of those who enter the United States without inspection are coming back to try and get next to their families, their U.S. citizen kids, their U.S. citizen spouses. They are not criminals. They are not creating any kind of crime. We all oppose crime, but this remedy is unrelated to the horror stories that we have heard. You know, we are creating law here, not bumper stickers. I hope that we will vote against this misplaced law and work together to solve the real problems that we face.
Zoe Lofgren: “Since that is an element of the offense, the Mendoza case says you have to be able to at least collaterally attack that…”
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