Illegal Alien Amnesty Plan-Wrong Place, Wrong Time; Statement by US English Chairman Mauro E. Mujica

Illegal Alien Amnesty Plan -- Wrong Place, Wrong Time; Statement by U.S. English Chairman Mauro E. Mujica

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WASHINGTON, Jan. 7 /U.S. Newswire/ -- The following statement from U.S. English Chairman Mauro E. Mujica, on granting amnesty to illegal aliens living in the United States, was released today:

"Congress should reject any Bush administration proposal to grant amnesty to the estimated eight million illegal aliens living in the United States. Such efforts would be an insult to the millions of Americans who have gone through the legal immigration process and make a mockery of our border laws.

"As a legal immigrant from Chile, I must question why the government is interested in legalizing millions of non-citizens, even as our citizens are subject to orange alerts and other anti- terror procedures. For a nation grappling with budget deficits and service cutbacks, efforts to grant amnesty to lawbreakers appears misplaced. One must wonder whether this belated Christmas gift is designed to secure votes in November.

"Our two-faced method of dealing with visitors to our nation -- fingerprints and procedures for those who announce their arrival, amnesty for those who dash across the border -- will only exacerbate our economic and security problems. We should all hope that it will not take a repeat of September 11 to convince our political leaders that one instance of lax security is one too many.

"The United States has long been a nation of immigrants -- legal immigrants. Instead of doling out amnesty, it is time for our government to make a commitment to those who have abided by the law and continue to work toward the American dream. These newcomers go to great lengths to respect our laws and learn our language so that they may continue the proud tradition of earlier generations. They work tirelessly to support their families, flock to English classes and center their children's future around education.

"By granting amnesty, we turn our back on these pillars of American society. We ignore those we have invited into our nation in favor of those who have crashed the gate. If, as Miguel de Cervantes wrote in Don Quixote, "Honesty is the best policy," policy-makers who favor amnesty are sending a terrible message to our children, to our legal immigrants and to all Americans."

U.S. English, Inc. is the nation's oldest and largest non- partisan citizens' action group dedicated to preserving the unifying role of the English language in the United States ( Web site: http://www.us-english.org ). Founded in 1983 by the late Sen. S.I. Hayakawa, U.S. English, Inc. has more than 1.7 million members nationwide.

I have seen and heard all of this before in the 80's about these illegals taking all of these jobs but those facts are absent a few rejoinders NO ONE WANTS THESE OR ANY DIRTY JOBS..

I have been an employer in the hospitality industry for more than a few of decades, (at one point 3800 employees), and have employed more than my share of illegals. In the 60's in Chicago and throughout the Midwest, it was Greeks, Polish, and Lithuanians, even a few Russians, and Cubans. Most of these wonderful folks stayed long enough to establish a record of employment and opened their own businesses, or bought homes and learned English and blended into our lives as equals.

In the 70's it was Middle Easterners, and in the south, it was the beginning of the heavy Mexican influx. In the 80's it began the Pacific Rim invasion, Chinese, Korean, Vietnamese, and more Mexicans. The 90's was more Middle Easterners, and a lot more Central American's, than Mexican. It became a joke and a pattern that we had a second shift of Muslims that would work Sundays and Holidays to keep the doors opened when everyone else wanted or just took those days off.

My jobs were in the beginning, low paying, bottom rung, entry level jobs. Jobs that were steady and dirty. Maintainance, housekeeping, kitchen, dishwashing, busboy.. I started hiring illegals as a practice in the 70's by necessity. By then, we had changed the school calendar (shorter summer vacation making training high school kids almost useless), child labor laws, under 16 unavailable, and with few exceptions (blacks), welfare or single mom minorities, that wouldn't work longer than 26 weeks. Just long enough to qualify for extended unemployment. It was far more insidious than just quitting after 26 weeks, they would fake an injury and file suit, or claim harassment, or labor claims against our company, costing thousands and keeping a law firm, not just a lawyer on the payroll (the 4th largest line item on my P & L statement).

For the most part, we kept these employees and raised their pay as they increased their effectiveness just to prevent the turnover. They would furnish us with relatives to replace themselves as they moved up the job ladder. NOBODY applied for these positions, and paying $12 an hour, plus benefits $6 more, for a dishwasher just doesn't work. These folks worked for $8, and would take home food, and learn a trade, cook, bellboy, bartender, waiter, and move up as soon as we taught them.

I left the hassle to raise my children, but just as much to escape the government and changing attitudes of my fellow countrymen toward immigrants.. and this sort of problem we are faced with today.. Bitch all you want, but you are not allowed to be as aware as you need to be.. Today you have almost exclusively fast foods and poor motel service because of this pressure to pander to your emotions,. Now you pump your own gas, pick up your own food in a restaurant, and soon you will make your own beds, or purchase fruits and vegetables from Timbuktu, because we cut off immigration... I'm outta here.. Bash Bush, bus your own tables, and feed your kids junk.. you are winning.. Developing..

"...and have employed more than my share of illegals."

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an 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 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 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 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 alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an 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 verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the 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 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 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 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 additon 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.

So, you're an admitted Felon?

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