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Could the victim of an illegal alien criminal sue the federal government...
12/17/2011 | E. Pluribus Unum

Posted on 12/17/2011 3:17:30 PM PST by E. Pluribus Unum

...for not enforcing immigration law?

The federal government has practiced a policy of non-enforcement of immigration laws once a person makes it across the border for decades. They have the force of law on their side merely because they have the machinery of law enforcement is under their control.

Is there any way to turn the tables on them?

If you are the victim of a criminal illegal alien who was known to be here and remained with the tacit approval of the federal government, isn't the government guilty of malfeasance?


TOPICS:
KEYWORDS: aliens; irs; nocando; nohope; retaliation; rico
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1 posted on 12/17/2011 3:17:34 PM PST by E. Pluribus Unum
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To: E. Pluribus Unum

Sure you could sue them, but they would crush you like a bug. Gov’t can pick and choose which laws to enforce, but we can’t pick which laws to obey.


2 posted on 12/17/2011 3:24:34 PM PST by umgud
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To: E. Pluribus Unum
Good luck with that.

The goverment can break its own laws with impunity, but heaven help the man that carries a pocket-knife with a blade longer than 3 inches. Or is it two and a half inches? I forget.

3 posted on 12/17/2011 3:28:04 PM PST by NakedRampage (Puttin' the "stud" in Bible study)
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To: E. Pluribus Unum

All I know is that if I’m ever injured by an illegal, I’m suing anyone who employs them, rents to them, or anyone else I can find who has aided them in continuing to break the law by being here.


4 posted on 12/17/2011 3:30:58 PM PST by cripplecreek (Stand with courage or shut up and do as you're told.)
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To: E. Pluribus Unum
The answer is — you can sue anyone of anything. However, the Chevron case is a case that tuned America into a state at the mercy of the administrative elites. Under Chevron, agencies have almost completely unquestionable discretion under the law to enforce the laws charged to them by Congress. Chevron assumes that agency expertise trumps second guessing. So, as long as agencies don't decline to to enforce the law completely (which they have), but instead argue that they prioritize limited resources, they are beyond the reach of any suit that alleges a failure to enforce the laws.
5 posted on 12/17/2011 3:33:56 PM PST by Iron Eagle
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To: E. Pluribus Unum
Look at how the Feds are treating Sheriff Arpario over in Arizona. That is a perfect example of how the Holder Government would respond to a citizen that confronted the Feds for not upholding the law.
6 posted on 12/17/2011 3:38:29 PM PST by vetvetdoug
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To: Iron Eagle

Too bad we don’t have a honest government because I hate the idea of suing the American people anyway.


7 posted on 12/17/2011 3:39:16 PM PST by cripplecreek (Stand with courage or shut up and do as you're told.)
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To: cripplecreek

FedGov™ and the American people are 2 entirely different things.


8 posted on 12/17/2011 3:42:14 PM PST by central_va ( I won't be reconstructed and I do not give a damn.)
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To: central_va

Sure they are one is created by the other. People have wanted the government they have.


9 posted on 12/17/2011 3:52:04 PM PST by arrogantsob (Obama must Go.)
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To: E. Pluribus Unum

The government must allow you to sue it. It is called “sovereign immunity”.


10 posted on 12/17/2011 3:52:57 PM PST by arrogantsob (Obama must Go.)
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To: arrogantsob
Sure they are one is created by the other. People have wanted the government they have.

FedGov™ was created by the states to be the equal to the states, no reign over them. As such it is an entity that contains millions of entrenched bureaucrats who's sole purpose is self sustenance. It is far past time to dissolve this monstrosity and split the USA up into autonomous regions. Hopefully one of those regions would uphold Constitutional values and those people wishing to maintain those values could vote with their feet and go there.

11 posted on 12/17/2011 3:59:56 PM PST by central_va ( I won't be reconstructed and I do not give a damn.)
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To: E. Pluribus Unum
No only illegal aliens can sue the government.

Only illegals can sue American citizens and organizations.

To be the other way around, would be racist and not politically correct.

just a little, teeny tiny, itybity, sense of /s

12 posted on 12/17/2011 4:03:43 PM PST by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: E. Pluribus Unum

Better yet, sue the landlord and employer who knowingly harbored a known criminal (illegal)>


13 posted on 12/17/2011 4:06:48 PM PST by VA Voter
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To: vetvetdoug

If feds specifically prevented enforcement, like in Arpario case, there may be a case.

Also, in sanctuary cities, mayor or city might be sued


14 posted on 12/17/2011 4:08:37 PM PST by heiss (heartless and inhumane (radical rightwinger))
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To: E. Pluribus Unum

Are we talking about 0bama here?


15 posted on 12/17/2011 5:54:08 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: TigersEye
Are we talking about 0bama here?

He or she, as the case may be, would be the ultimate target, but we would probably have to do a proof-of-concept on lower-value targets like Eric Holder or some of his people.

16 posted on 12/17/2011 6:04:26 PM PST by E. Pluribus Unum (FOREIGN AID: A transfer of money from poor people in rich countries to rich people in poor countries)
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To: central_va

Congress stipulated that the Constitution be approved by the PEOPLE “gathered” in CONVENTIONS in the states. It was in no way a product of state governments which could be changed by those governments. It was intended to be the sovereignty of the PEOPLE not the states. It can only be changed by that people acting through the instrument.

Removing the appointment of Senators by state legislatures reduced state influence even further. But this was one of the eventual products of the Jeffersonian opposition to the Federal concept, the spread of “democracy”.

Trivial ideas of “regions” does not even come close to addressing the problems of our government which lie entirely with the PEOPLE of the United States. We would be in a world of REAL tyrannies had we been regionalized in 1865 not to mention recurrent civil war between those regions. It is sheer fantasy to pretend otherwise. But what is Not is always more righteous than what Is to some people.

The American People is one people (recognized even before the Revolutionary War and has an alarming tendency to fall for left wing class warfare campaigns since the time of and utilization by Jefferson. It is our deadly weakness.


17 posted on 12/17/2011 7:49:18 PM PST by arrogantsob (Obama must Go.)
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To: E. Pluribus Unum

___________________________________________________________________

Whenever an illegal alien kills someone in a drunk driving accident or something similar, here’s what I recommend:
What can we do about it? Here’s my standard post.

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.

Here’s what I’ve been pushing: it’s time to file Racketeering, Influencing, and Corrupt Organizations (RICO) lawsuits.

RICO lawyers could turn it around in a few years and MAKE MONEY at the same time. I’m surprised they haven’t done it already.

In the absence of enforcement, we can get the word out in the meantime that there is money to be made in filing RICO lawsuits against employers who hire illegal aliens like this jerk.

Employers would have no trouble shutting down the border if they could get sued by someone under the RICO statutes for hiring these people in the first place. The next time an illegal alien kills someone in a drunk driving accident or somesuch thing, I’m going to point out that the victim’s family might be able to seek compensation from the employer under these statutes in the hopes that it would catch on. If this did catch on, would see such a swift backlash against illegal immigration that no employer would go near these people and they’ll all simply want to go back home.



18 posted on 12/18/2011 1:22:51 AM PST by Kevmo (When a thing is owned by everybody nobody gives value to it. Communism taught us this. ~A. Rossi)
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To: arrogantsob
Trivial ideas of “regions” does not even come close to addressing the problems of our government which lie entirely with the PEOPLE of the United States.

We are no longer a single common people sharing common beliefs. This artificial empire where the socialists live in harmony with the individual freedom lover is a joke, it's over. It is time to recognize that fact and stop living in denial. The socialist are near complete victory building upon huge advances in the last 50 years. They will overtake the entire country soon.

IMO It is better to spilt the country, peacefully hopefully, and allow each side their own destiny rather than force a common socialist destiny on all. The right is not winning, we are losing on all fronts, the individual is being subjugated. Best we have it out now.

19 posted on 12/18/2011 4:50:31 AM PST by central_va ( I won't be reconstructed and I do not give a damn.)
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To: Kevmo
So you are saying that private citizens can initiate civil RICO suits?

It sounds very interesting and plausible.

Has anyone done this yet?

20 posted on 12/18/2011 9:50:07 AM PST by E. Pluribus Unum (FOREIGN AID: A transfer of money from poor people in rich countries to rich people in poor countries)
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