It should be noted that discontinuous irregular stays lasting more than one year are taken into account for another sanction: the permanent ban, which occurs when an immigrant with a cumulative irregular presence of more than one year leaves the United States and then returns illegally. The 16-year-old girl denounced her to the Guardia Civil for punishing her „for a punctual and habitual act in every house”. Criminal law states that people who have been in the United States illegally for between 180 and 384 calendar days are not allowed to return to the country for three years. The sentence increases to 10 years for those who have been without legal immigration status for 385 days or more. He made it clear at all times that this was an isolated case and that, in principle, it had certain peculiarities that went beyond punishment. „In this case, the girl`s physical integrity was allegedly harmed and it was a crime. She was locked up against her will in a house that does not belong to her, she has a bruise on her face and apparently she was deprived of food,” he said. In order to know when the line between punishment and something else is crossed, the defense lawyer stresses that common sense must be used: „If the punishment does not physically hurt the child or is not directed against him, it is not a crime. The punishment must be a pedagogical correction, nothing more.
Next, we will look at some elements to understand why© ± children should not be punished without interruption. Yamato Tanooka, 7, was abandoned by his parents in a forest in Japan as punishment. The boy was driving with his family and his father stopped the vehicle in the middle of the road and forced it out. The parents` intention was to teach their child a lesson for his bad behavior. Leave it there for a while, then come back to pick it up. But when they got back, his son was gone. He spent six days lost in the forest. The punishment got out of control. Like the Madrid couple who were tried a few days ago for beating their 16-year-old daughter and locking her in a windowless storage room for coming home late from a birthday party. The girl`s mother also tried to cut her hair. After being locked in the storage room for two days, she was taken to her room, where they put a padlock on the door.
The girl threw a paper out the window and asked for help and the teenager was released by the police. The parents now face a six-year prison sentence. This event brought to the streets the debate on whether punishing a minor could be a crime. The spokesperson of the Ombudsman for Minors of Andalusia is direct on this issue, saying that punishing a minor is not a crime, „it is not called a crime”, they also point out of the Ombudsman for Minors in Madrid. However, he clarifies that „it is a crime to be extremist with these penalties”. Time spent illegally in the United States before reaching the age of majority is not considered illegal residence. In the event of illegal entry into the United States, immigration authorities may, for the purpose of calculating days of illegal presence, determine the date of entry they consider most likely. It is therefore up to the migrant to prove that this is the case later, if that is the case. Carlos has to leave the U.S. to arrange the paperwork because he entered illegally, but since he was first protected because he was under 18, and later for DACA, he has not accumulated any days of illegal presence and therefore does not apply the 3 years or 10 sentence. Carlos can leave the United States, go to the consulate for the interview and return in a few days or weeks with the immigrant visa in their passport.
During the Andalusian bridge, the Guardia Civil de Baeza received a complaint from a minor who accused her parents of illegal detention. Teinteresa.es contacted the command of the Guardia Civil of Jaén, where they explained what had happened that day. A couple has been arrested for an alleged crime of illegal detention of their daughter under 16, who reported her parents to the Guardia Civil during the Andalusia Bridge, specifically on February 28, sources close to the case said. Another inevitable question is whether, in the past, when no one was outraged by a slap in the face at the right time, they were better educated. Álvaro Bilbao believes that we are now „making more efforts than previous generations to make our children feel loved. However, he continues, we make new mistakes, such as satisfying children`s desires lest they feel frustrated and lead our children to enter the consumer society too early. According to Bilbao, „parenting is a little better today, but education is a little worse.” Arantxa Coca believes that a few decades ago, „parents were stricter when it came to obeying rules and setting limits.” Although he believes that this firmness had a negative side, „because it was often achieved by a slap at home or a public humiliation at school”. Illegal presence may occur because the border was crossed illegally or because the foreign person who entered legally did not exit in time, depending on the date of their I-94 or D/S, or in the case of tourists who entered without a visa because they belonged to a Visa Waiver Program country exceeded the approved 90 days. Cubans who are subject to the Adaptation Act and who must have entered the United States legally. As Diario Jaén announced on Friday, the couple „punished their daughter without leaving the house”. Apparently, the father decided that his daughter could not go out to punish her for her behavior.
It is a decision made „by a one-time and habitual event in every household that supported his wife”. To understand this, the speaker gives some examples: „You can punish a child without dessert because he does not want to eat, but you cannot beat him. He can be locked in his room or punished without leaving, but he cannot be prevented from going to school, eating or doing things that harm his physical and personal integrity. During the Andalusian bridge, a 16-year-old girl from Baeza denounced her father to the Guardia Civil for not letting her out of the house. The teenager appeared at the police station with a bruise on her face and continued to denounce her father for what she believed had committed an illegal detention crime. Persons protected under the Family Unit Program under section 301 of the Immigration Act, 1990. It is assumed that they did not add any days of illegal presence during the period during which their protection lasted. According to the versions Teinteresa.es had access to, the girl had an argument with her mother.
She contacted her ex-husband and the child`s father to pick her up and take her away. The teenager was locked in a room in her father`s house, from where she managed to escape. After leaving the house, he went to a police station to file a complaint of illegal detention, which ended with his father`s arrest. Spouse, father, mother, unmarried child under the age of 21 or U.S. citizen if legally entered the country. This exception does not apply to persons who have entered the border illegally from the other side of the border. Do not let the punishment of one of the children affect the rest of the family (stay without vacation, without departure, etc.). Some wonder what types of sanctions are „legal” and which could be reported by minors. This fact would have been complicated after the deletion of this sentence from article 154 of the Civil Code in 2006: „Parents may also correct their children reasonably and moderately”.
After this oppression, according to the Civil Code, parents can only count on the support of the authority in the exercise of their power. The continued illegal presence must take place after that date, when the IIRAIRA Act came into force. Migrants to the United States who are in an illegal situation may, in very rare cases, regularize their status through an adjustment of status. In many cases, if they have a way to organize the papers, they are forced to leave the country and report for an interview at a consulate in order to obtain an immigrant visa that will allow them to return. In many, if not almost all, schools, it is common to punish ± children without a break or with less time. The reason? Not behaving well, not doing homework, not knowing the lesson, talking in class, or forgetting the notebook at home. While there is no choice but to punish, Coke insists that „good punishment is one that teaches, not just oppresses or steals.” .