Day-labor plan moves forward in L.A. council

A plan to require large home-improvement stores to set aside space for day laborers moved ahead Friday as the Los Angeles City Council asked for a final ordinance.

"This is a citywide problem and rather than try to go back and retroactively fix the issue, we should deal with the stores before they open," Councilman Bernard Parks said.

Under the measure, all home-improvement stores in Los Angeles with more than 100,000 square feet will be required to set aside space for day laborers that includes plumbing facilities.

Parks said that while he appreciates the economic development that comes with the stores, he has had a problem with a Home Depot in his district that has said the city must deal with the day workers who gather at the site.

Home Depot officials have said they are willing to work with the city on developing a program to accommodate the workers and reduce the negative effects in neighboring communities. But they say they also want flexibility in any ordinance.

City officials said they believe that can be accommodated through a conditional-use permit procedure.

Councilman Richard Alarcon said it has been a longstanding problem since the city established the first day-worker site in the San Fernando Valley.

"This will help us recognize in the beginning a potential problem," Alarcon said. "It is a problem we have at every home improvement store and this will let us deal with it up front before the stores open."

The council action calls for the City Attorney's Office to return with a final measure within 45days.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

8 USC Sec.1324a
TITLE 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provision
Sec. 1324a. Unlawful employment of aliens
(a) Making employment of unauthorized aliens unlawful
(1) In general It is unlawful for a person or other entity -
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b) of this section.
(2) Continuing employment It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
(3) Defense A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) of this section with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) Use of labor through contract For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+4753+0++%28Illegal%20Immigration%20Reform%20and%20Immigrant%20Responsibility%20Act,%20%29%20%20AND%20%28USC%20w%2F10%20%281324a%29%29%3ACITE%20%20%20%20%20%20%20%20%20

8 USC Sec. 1324
TITLE 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who -
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in adherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs -
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; (iii) in the case of a violation of subparagraph (A)(i), ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and (iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+4752+3++%28aiding%20and%20abetting%29%20%20AND%20%28%288%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

Golly, I think the private businesses can refuse or sue...It appears that it is ILLEGAL to aid and abet illegal aliens to get jobs or to hire them and it has to also be ILLEGAL to entice or threaten others to do so...

>>Do I have this right? A city council is demanding that a private business aid and abet criminality, both on the part of the aliens, and those who hire them. Is that what I just read?<<

I can imagine what their lawyers’ response to your question would be. They would say that it’s for “day laborers,” who could be legal workers. We are not supposed to assume that any of them are illegal.

In LA, the lunatics are running the asylum.

On Sunday I was in a Home Depot in Houston, when suddenly a guy pointed at me and said, “There’s one.” At first I didn’t understand, and then I realized that the guy pointing at me, his buddy, and I were the only customers in the store who did not appear to be Hispanic. Many Hispanics in Houston are US citizens, and many are illegal.

Another Houston story: The city of Houston goes out of its way to avoid helping to enforce federal immigration laws, so I thought it was ironic that after my mother passed away, and I cleaned up the house and yard, the Houston police gave me a ticket for putting the garbage out by the street a few days early. $233 for a first offense. You see where the priorities are.

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