if i was a native Hispanic civics teacher, and got asked for my papers every time i came across some prick in a hat and a uniform id be pretty pissed of to.

the rancher made a good point. he said the border patrol wasn't doing anything until he posted the activities of what went there on the internet.

seems to me that the gov't is putting its efforts into making us think they are doing something rather than coming up with a logical and efficient solution. for instance
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if you look through that list you'll find than both political parties have played a  role in NAFTA. cheap labor maximizes profit margins. profit margins govern this country. profits are what buys the people set forth for you to vote for and buys laws for all of us to abide by.
instead of catching them on that ranchers land they go around checking papers then they say "look we are doing something about this"   i think the gov't is full of shit and so is this paper checking thing they're doing out in az.

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

Good post Jerry.

I'm widja.

Charlie

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.

April 28, 2010

Politicians in at least five states are calling for their state legislatures to adopt immigration laws that mirror Arizona's controversial new measure.

State lawmakers and others in Texas, Utah, Georgia, Ohio and Maryland are seizing on Arizona's hard-line approach to illegal immigration, which has the approval of many conservatives who say it is necessary in the absence of adequate federal policies.

Immigration reform "has to be a priority" in Washington, White House Press Secretary Robert Gibbs said Tuesday. The Arizona law, he added, "could naturally drive each state to creating its own immigration law."

In Georgia, Republican gubernatorial candidate Nathan Deal is saying just that.

"I agree with the Arizona governor and Legislature that the federal government has failed miserably at protecting our borders and enacting sensible solutions that would protect our states, counties and cities from bearing the enormous costs associated with illegal immigration," Deal said in a statement yesterday. "As governor of Georgia, I'd work to pass and sign similar legislation."

Deal formerly served in the House of Representatives but resigned in March this year after the health care debate. He authored an amendment to the health care bill restricting access to health insurance for illegal immigrants. As a congressman, he also authored legislation that would end birthright citizenship to babies born in the United States to parents in the country illegally.

In Ohio, Butler County Sheriff Rick Jones and Republican State Rep. Courtney Combs, sent a letter Tuesday to Gov. Ted Strickland and state legislative leaders asking for action, the Cincinnati Enquirer reports.

The letter asked Strickland "to employ your leadership role as Governor to assure legislation is passed that will mirror that of the illegal immigration legislation" in Arizona and to press for the passage of other immigration-related bills. According to the paper, the letter was sent the same day Jones was preparing to lay off 10 members of his staff. While a law like Arizona's would place more responsibility on local law enforcement, Jones stood by his position. "The only alternative you have is that you don't do anything. This is a violation of the law," he said.

Some state lawmakers, including Republican State Rep. Stephen Sandstrom of Utah, say action is needed because Arizona's law could otherwise adversely impact their state.

"When Arizona, in the past, has cracked down on illegal immigration, Utah has been the destination of choice for illegal aliens that leave the state of Arizona," Sandstrom said, KSL-TV reports. Sandstrom said he is drafting legislation similar to Arizona's to introduce in the next legislative session.

State Delegate Pat McDonough, a Republican from Maryland, wants his state to pass a version of Arizona's law for the same reason, ABC2 News in Baltimore reports.

"When people come across that border, they're not going to go to Arizona anymore. They're coming here," McDonough said.

McDonough reportedly plans to send a survey to every candidate for the state's General Assembly, along with the candidates for governor, asking them whether they agree with Arizona's approach.

"We'll go on the record and this summer we're going to pretty much know who is in favor of the Arizona bill and who is not," he said.

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Kansas


May 8, 2010

Topeka — A Kansas legislator early Saturday proposed what he said was an immigration law modeled after the one in Arizona that has sparked a firestorm of controversy.

State Rep. Anthony Brown, R-Eudora, said the Legislature needs to “defend our constitution.”

Brown proposed the measure as an amendment to a state budget bill that had been the focus of House debate for more than 12 hours.

State Rep. Delia Garcia, D-Wichita, challenged whether Brown’s amendment was germane to the appropriations bill. State Rep. Clark Shultz, R-Lindsborg, who is chair of the House Rules and Journal Committee, ruled the amendment was not germane.

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May 10, 2010

Oklahoma is looking at passing tougher penalties for illegal immigrants caught with firearms. South Carolina might make it illegal to hire workers on the side of the road. In addition, state immigration legislation is also being considered in Idaho, Utah, Missouri, Texas, North Carolina, Maryland, Minnesota, and Colorado.

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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!!!

Sandy_C wrote on Jun 5^th, 2010 at 12:19pm:

Yea, right. And someday pigs will fly.