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Daily Chat >> General Posts >> Multiple State Illegal Immigration Info http://www.clusterheadaches.com/cgi-bin/yabb2/YaBB.pl?num=1275457584 Message started by KingOfPain on Jun 2nd, 2010 at 1:46am |
Title: Re: Multiple State Illegal Immigration Info Post by Charlie on Jun 3rd, 2010 at 10:21am
I wonder the motives in some of the states not on the border. It might be a way to bring out the vote which might negate some of the now solid Democratic Hispanics. These states have some serious electoral clout as well.
Charlie |
Title: Re: Multiple State Illegal Immigration Info Post by Callico on Jun 3rd, 2010 at 7:32pm Charlie wrote on Jun 3rd, 2010 at 10:21am:
I wish my state had the guts to do something about illegal aliens, and IL is a long way from the southern border. We do have however an estimated 18% illegal population in my city of Aurora. NOTE: I am NOT anti immigrant nor anti Hispanic! My niece just became a US citizen two weeks ago, and it took three years for her to get permission to enter the states from Mexico. My neighbors on three sides are from Mexico and I could not ask for better neighbors. The ones on the other side however have anywhere from 15 to 20 people living in a three bedroom house at any one time. They move in during the night carrying mattresses and a small bag of clothes, and will stay for two to three weeks before moving out again at night, just to have another van load show up a day or two later. Accidents involving uninsured, unlicensed drivers have multiplied over the last ten years. I got hit on New Years night at about 8:30 a couple of years ago, and the accident report number was 186. This is in a town of 230,000 people. The driver that hit me had no insurance or license, nor any ID. My insurance had to eat it and I was out the deductible with no way to recover it because the police had to release the individual and he never showed up for court. We had to go to the emergency room three months ago for my daughter's allergic reaction, and we had to wait almost 15 minutes before they could get the English speaking admissions rep to deal with us. The cost of illegal immigration is much more than just jobs. It involves many areas, and it is destroying many parts of our country. Will the last American to leave town please bring the flag? Jerry |
Title: Re: Multiple State Illegal Immigration Info Post by Charlie on Jun 3rd, 2010 at 7:47pm
Good post Jerry.
I'm widja. Charlie |
Title: Re: Multiple State Illegal Immigration Info Post by Kevin_M on Jun 4th, 2010 at 3:28am KingOfPain wrote on Jun 3rd, 2010 at 5:02am:
A key word in all this and other similar legislation. The burden is on immigration authorities to prove wrongdoing on the employer's part. As presented, looks tough on biz, but its bite is far less. |
Title: Re: Multiple State Illegal Immigration Info Post by deltadarlin on Jun 4th, 2010 at 8:34am
If the laws that are in place were enforced, we wouldn't be worrying about these problems.
Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both." Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he: assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or knowingly assists illegal aliens due to personal convictions. Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief. Recruitment and Employment of Illegal Aliens It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work. It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire. An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance. Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred. It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years. Encouraging and Harboring Illegal Aliens It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status. An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S. The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment. Enforcement A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens. State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S. RICO —Citizen Recourse Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations. Tax Crimes Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens. Comment: A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY: The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA). The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law. |
Title: Re: Multiple State Illegal Immigration Info Post by KingOfPain on Jun 4th, 2010 at 1:32pm deltadarlin wrote on Jun 4th, 2010 at 8:34am:
deltadarlin wrote on Jun 4th, 2010 at 8:34am:
Agreed. |
Title: Re: Multiple State Illegal Immigration Info Post by Lefty on Jun 5th, 2010 at 6:07am |
Title: Re: Multiple State Illegal Immigration Info Post by BarbaraD on Jun 5th, 2010 at 7:24am
Carolyn, thanks for posting that Federal Law.. It's been on the books for years... BUT... it ain't being enforced and never has been... In 1986 the Feds came out with a LAW that everyone had to document with I-9s or ELSE! I think I was the only one in captavity that ever did this... And to this date NO ONE has ever checked the darn things...
The part about complaints -- how many people are going to "document" in "writing" and send it to the INS? Not many - no one wants to get involved or stand a chance of retaliation for doing so. And then they (the INS) MIGHT investigate.. Several years ago I had a client who actually had one of those "red" lights in his shop... He thought it was "funny". I fired him! He was hiring nothing but illegals, but had I turned him in, I'd probably have gotten my building burned down... I might have made an annoymous phone call, but put it in writing - no way... Personally, I'm all for what AZ has done and think the rest of the states (esp. TX) should follow suit... If our DL have to show that we're a citizen (maybe produce a birth cert or something when applying) so be it... That would make it simple (maybe too simple for the politicians). Of course they could issue citizenship cards - they could spend more money that way. But I don't mind carrying ID if it would help and I don't mind showing it. Over the years the police have set up routine traffic stops to check proof of insurance - why not proof of citizenship - what's wrong with that? It's just another PROTECTION to those of us who are PAYING them! This is AMERICA damn-it! And about time we remembered it!!! |
Title: Re: Multiple State Illegal Immigration Info Post by Sandy_C on Jun 5th, 2010 at 12:19pm
The only thing AZ and these other states are doing with their laws is enforcing the federal laws that have been on the books for years. Why? Because the FEDS are NOT enforcing those laws, yet they are complaining now because the individual states have to enforce them just to survive.
Maybe if all states pass similar laws, the Feds will finally wake up and do their job! Sandy |
Title: Re: Multiple State Illegal Immigration Info Post by BobG on Jun 5th, 2010 at 1:15pm Sandy_C wrote on Jun 5th, 2010 at 12:19pm:
Yea, right. And someday pigs will fly. ::) |
Title: Re: Multiple State Illegal Immigration Info Post by Sandy_C on Jun 5th, 2010 at 2:25pm |
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