Candidates Pander on Immigration?

San Diego Union-Tribune ^ | July 11, '08 | Dan Stein

[T.L.Sink]

What most people will not expect of the new administration is an effort to "solve" the problems with our immigration system by granting amnesty (or some euphemism for the same) to millions of illegal aliens to satisfy the insatiable desire for American businesses for lower-wage labor. We had that debate in 2007, and the American public soundly rejected it. Yet, McCain and Obama are appearing before the national conventions of Hispanic ethnocentric lobbyist and pressure organizations promising to make "comprehensive immigration reform" (amnesty) a priority. Amnesty is irresistable because it provides an easy "fix" to a difficult problem. It can be accomplished in the first 100 days with a vote by Congress and a stroke of the president's pen. Presto, no more illegal aliens. The staggering economic and social costs of a massive amnesty would be dealt with later. For example, how an amnesty encompassing some 13 (20?) million illegal aliens would be carried out by an institution that can't even manage its current workload; how massive fraud would be avoided and background checks carried out; how we would deal with the inevitable demands for reuniting amnesty recipients with their relatives; how our schools, hospitals and social service agencies could keep up with immediate and future demands - all pesky details put off for another later time.

[T.L.Sink]

It would appear that with either candidate citizens will continue paying ever-rising taxes for bankrupt public school districts, social welfare services, the astronomical human and fiscal costs of the drug cartel, and insolvent hospitals forced to curtail quality of patient care and public emergency services. And that doesn't even touch upon the problem of open and insecure borders in this age of international terrorism. Only one thing appears certain - all these costs and threats to our national sovereignty and culture will increase exponentially with either Obama or McCain in charge.

[Man50D]

Amnesty will be one plank of the GOP convention platform if Juan McCain has his way.

McCain should be reminded time and time again he is supporting violating the following immigration law.

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.

[patriot08]

Obama’s speech to La Raza:

(La Raza (The Race), Largest Hispanic organization in the U.S.
Lobbies for racial preferences, bilingual education, stricter hate crimes laws, mass immigration, and amnesty for illegal aliens )

Obama pimps illegal aliens. Shameful, considering the additional violent crime, third word diseases they bring into this country and the billions of dollars it cost us to take care of them.
http://www.youtube.com/watch?v=aEITOQfKVmo
“I walked the walk. I talked the talk. I marched with you for “civil rights” of “immigrants”. (!!)

Obama said the recent Senate immigration debate “was both ugly and racist in a way we haven’t see since the struggle for civil rights.”

Obama told La Raza that the mass protests lately of for immigration rights of Mexicans is equal in greatness to the civil rights protest of the past!

Omama supports La Raza’s, the “DREAM Act,” which would mandate states to offer in-state tuition rates to illegal aliens — thus providing them with benefits not available to U.S. citizens from other states.

http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20070723/NATION/107230063/1001

http://www.freerepublic.com/focus/f-news/1870205/posts

http://www.miamiherald.com/campaign08/story/201957.html

“I will stand with the Muslims and protect them..” Obama. Barack Obama
http://www.freedomsenemies.com/_more/obama.htm

Get the facts on the life and career of Barack Obama
that the media covers up:
http://www.theobamafile.com/

CHECK THIS OUT, PEOPLE:
http://immigrationcounters.com/

http://www.texasborderregulators.org/

The Heritage Foundation ^ | 10/25/06 | Robert Rector
The National Academy of Sciences has estimated that each immigrant without a high school degree will cost U.S. taxpayers, on average, $89,000 over the course of his or her lifetime.[3] This is a net cost above the value of any taxes the immi*grant will pay and does not include the cost of educating the immigrant’s children, which U.S. taxpayers would also heavily subsidize. In this way, the roughly six million legal immigrants without a high school diploma will impose a net cost of around a half-trillion dollars on U.S. taxpayers over their lifetimes

Crime Statisitcs
95% of warrants for murder in Los Angeles are for illegal aliens.
83% of warrants for murder in Phoenix are for illegal aliens.
86% of warrants for murder in Albuquerque are for illegal aliens.
75% of those on the most wanted list in Los Angeles, Phoenix and Albuquerque are illegal aliens.
24.9% of all inmates in California detention centers are Mexican nationals here illegally.
40.1% of all inmates in Arizona detention centers are Mexican nationals here illegally.
48.2% of all inmates in New Mexico detention centers are Mexican nationals here illegally.
29% (630,000) convicted illegal alien felons fill our state and federal prisons at a cost of $1.6 billion annually.
53% plus of all investigated burglaries reported in California, New Mexico, Nevada, Arizona and Texas are perpetrated by illegal aliens.
50% plus of all gang members in Los Angeles are illegal aliens from south of the border.
71% plus of all apprehended cars stolen in 2005 in Texas, New Mexico, Arizona, Nevada and California were stolen by Illegal aliens or “transport coyotes”.
47% of cited/stopped drivers in California have no license, no insurance and no registration for the vehicle. Of that 47%, 92% are illegal aliens.
63% of cited/stopped drivers in Arizona have no license, no insurance and no registration for the vehicle. Of that 63%, 97% are illegal aliens.
66% of cited/stopped drivers in New Mexico have no license, no insurance and no registration for the vehicle. Of that 66%, 98% are illegal.
Birth Statistics
380,000 plus “anchor babies” were born in the U.S. in 2005 to illegal alien parents, making 380,000 babies automatically U.S.citizens.
97.2% of all costs incurred from those births were paid by the American taxpayers.
66% plus of all births in California are to illegal alien Mexicans on Medi-Cal whose births were paid for by taxpayers.
Last Updated ( Friday, 20 July 2007 )
__________________
The truth that the leftist media won’t tell you:
http://www.freedomsenemies.com/_more/obama.htm

[rabscuttle385]

Only one thing appears certain - all these costs and threats to our national sovereignty and culture will increase exponentially with either Obama or McCain in charge.

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[Travis McGee]

Thanks to the open borders treason lobby, there won't be 50 United States in 25 years.

[Pearls Before Swine]

What most people will not expect of the new administration is an effort to "solve" the problems with our immigration system by granting amnesty (or some euphemism for the same) to millions of illegal aliens..

Oh, I expect it all right, even though I don't want it, regardless of who wins.

[T.L.Sink]

Thanks very much for mentioning the laws that McCain, et al. are violating in their support of amnesty. It’s tragic that he and Obama (and many others) don’t give a damn about the rule of law anymore. I just want to mention that all the laws you just mentioned are based on the U.S. Constitution. This is Article. IV., Section. 4.: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them AGAINST INVASION.” Nothing can be more obvious than that this is an illegal foreign invasion. The real tragedy is that the sovereignty and legal foundation of this democratic Republic are being willfully subverted by power- hungry politicians who will pander away our constitutional freedoms and liberties to win an election.

[T.L.Sink]

Great post and terrific information! By the way, Robert Rector of Heritage is one of my heroes. I posted his famous ‘07 publication on FR. He’s an authority on the subect of illegal immigration, has testified before Congress, written innumerable scholarly articles on the matter, appeared on TV many times, and was a force in defeating the Senate comprehensive immigration (amnesty) bill.

[Grunthor]

“Only one thing appears certain - all these costs and threats to our national sovereignty and culture will increase exponentially with either Obama or McCain in charge.”

Yep. Vast differences. Uh-huh.

[T.L.Sink]

Absolutely right! With the politicians pandering for votes and willing to sell out the country, the fastest growing ethnic group (Hispanics), and the Hispanic ethnocentic lobbies who are openly supporting “reconquista,” I think the results of the Mexican War, which ended in 1848, will be reversed. They’ve already retaken Southern California, much of Arizona, New Mexico, and the Southwest. However, the invasiion isn’t limited to border states. Cities, and even suburbs and rural areas throughout the nation are being innundated with illegal aliens. This massive invasion is truly and inexorably transforming the United States into a Third World nation. We can see it everywhere around us! Bilingualism is already an inherent and accepted part of American society. All the social services and political privileges that used to be only for citizens are now routinely granted to non-citizen illegal aliens.

[patriot08]

Thank you so much.

[T.L.Sink]

Even though the situatiion and future prospoects look bleak, especially since all polls now predict Democratic control of the House and Senate by wide margins, we still have to fight it. We did it once, we can do it again. My reason for saying that is that when comprehensive immigration was before the Senate everyone - all the pundits, the MSM, and a good portion of both political parties were against us. Remember when Bush smirked and said “see you at the signing” to the press? What everybody was unprepared for was the HUGE reaction of the American people! I still believe that as long as 67% of the public is opposed to any form of amnesty that we can prevail irrespective of what political party is in control. We just can’t become discouraged and demoralized by our opponents! Those bums’ first priority, after all, is being re-elected!

[Pearls Before Swine]

Even though the situation and future prospects look bleak, especially since all polls now predict Democratic control of the House and Senate by wide margins, we still have to fight it.

Of course we do. But at some point in the not too distant future, if the borders stay open (and I know lip service has been given to closing them) we won't have that overwhelming majority anymore. Even now, I can see that the Mexican illegal marches of last year would been unthinkable a generation ago, because the illegals would have been rounded up.

We need a party who has this as the prominent plank, and will pledge to remain agnostic on divisive issues such as major social change items -- abortion, welfare program changes -- until immigration has been handled--i.e., far more restrictively for illegals, and more rationally for legals, meaning we select for good citizens rather than doling it out to those with no interest in what the USA is or was. We have to get over the many "litmus test" issues we have that separate us and unite on this matter, but neither major party will provide the vehicle. They keep doing the same thing over and over, as soon as the commotion dies down.

[kabar]

Unfortunately, the corporate and political elites are willing to ignore the will of the people. Don’t forget that amnesty passed the Senate in 2006 [S 2611]. The battle over amnesty will be fought in the House. The Senate will vote for amnesty next time around.

[kabar]

I know someone who is on the platform committee. If you want to help us get a strong Rep plank on immigration, contact your state party chair and express your views.

[Pearls Before Swine]

If you want to help us get a strong Rep plank on immigration, contact your state party chair and express your views.

I live in MA.

[TADSLOS]

Only one thing appears certain - all these costs and threats to our national sovereignty and culture will increase exponentially with either Obama or McCain in charge.

The only real distinction is that McCain has the experience necessary to bring shamnesty to reality. Obambi is a piker compared to McCain when it comes to screwing America.

[kabar]

You mean that you don't have a MA Rep state chair? The Honorable Mr. Peter Torkildsen State Chairman, MA Republican State Committee is listed.

[Travis McGee]

Frankly, I think we passed the point of no return at least a decade back. Now, our elites and our pols pander to the invaders and crap on American patriots. It will only speed up from here on. That’s why I moved from San Diego to NE Florida.

[T.L.Sink]

I think those are good points. In my opinion, too many people think opposition to illegal immigration is a “single issue.” The liberal and PC MSM tried to marginalize Tancredo/Hunter as such “single issue” candidates. But as they and we know very well, it’s NOT a single issue. It very seriously is affecting our economy, education, healthcare, and even national security. You’re right about America not tolerating this crap in the past. Whan Pancho Villa crossed the border in 1916 and murdered some Americans in New Mexico, President Woodrow Wilson didn’t negotiate for amnesty but sent Gen. Pershing with 12,000 troops 300 miles into Mexico to pursue the terrorist bandit. In 1954, when President Eisenhower discovered a million Mexican illegal aliens here he didn’t apologize to anybody but started “Operation Wetback” and rounded them up and sent them home! They did NOT come back because in those days there were no “catch and release” games being played. We were serious about the rule of law and protecting American sovereignty and culture.