Tough. People have just about had enough in this country.
These "congressmen", I'll tell ya!
Posted on 04/03/2009 4:12:18 AM PDT by Man50D
In emotional testimony before a House joint panel this week, a Virginia man recalled the death of his teenage daughter in 2007 – a death caused by an illegal immigrant who was driving drunk and who had been arrested twice before the crime, but was not deported.
“Two years ago this week, my 16-year-old daughter, Tessa, and her best friend Allison were killed as they were sitting at in intersection waiting for a red light to change,” Ray Tranchant said, as friends placed a photograph of Tessa Tranchant on an easel behind him.
Since his daughter’s death, Tranchant, a professor from VIrginia Beach, has become an advocate for the enforcement of immigration law.
On Thursday, as Tranchant applauded local law enforcement in Virginia for its increased efforts to work with federal immigration authorities since his daughter’s death, he referred to individuals listed on the Immigration and Customs Enforcement’s database of illegal aliens with criminal backgrounds as “banditos.”
That comment drew a rebuff from Rep. Luis Gutierrez (D-Ill.).
“Mr. Tranchant, can I share with you as the father of two daughters, I thank you for bringing your testimony here, but I suggest to you that if we refer to people as banditos, as you referred to them in your testimony, it does not help to solve the problem,” Gutierrez said.
Witnesses on the first panel were called to testify about ICE’s ACCESS program, the 287(g) law passed by Congress in 1996 that allows state and local law enforcement agencies to voluntarily sign up for training to enforce federal immigration law in their jurisdictions.
Some on the subcommittee charged that the law has led to widespread racial profiling and other abuses.
In other testimony before a joint hearing of subcommittees on immigration, border security, the Constitution, and civil rights, Julio Cesar Mora, a 19-year-old American citizen who lives in Maricopa County, Arizona, told the committee that he and his father, who is a legal resident, were detained and harassed by sheriff officers while driving to his father’s workplace.
Antonia Ramirez, a community activist from Frederick, Maryland, said that even though he and many of his fellow Hispanics are citizens, they are often the victims of discrimination. He said illegal aliens often refuse to report crimes and even suffer abuse because they fear their families will be separated by deportation.
Rep. Steve King (R-Iowa) said he was surprised by the contrast of the witnesses’ testimony.
“I think I’m seeing the embodiment of a great big problem we have in this country and the result of it is the loss of lives, the loss of innocent human lives,” King said. “And I listen to professor Tranchant’s testimony. You have to know that he’s here to tell you today that if we had enforced local immigration law, his daughter would still be alive. Tessa and Ali would still be alive. And that’s true for hundreds, perhaps thousands of Americans who go about their lives every day, seeking to make the world a better place.”
Rep. King said the testimony by Ramirez and Mora seemed designed to persuade lawmakers that enforcing immigration laws is not a good policy.
“The message I get from you is that we shouldn’t enforce local immigration law because there are some examples of discrimination,” King said. “I don’t argue that it never happens. But I ask you, can you look at this on balance? Can you see the difference between the plea that you have made to this committee and the plea that Mr. Tranchant has made to this committee? Can you look him in the eye and say we should pass everybody over?”
“The comparison to what looks like an inconvenience to either one of you compared to the very sacred life of this man’s daughter,” King said.
Tranchant, whose mother immigrated to the United States from Ireland, told the committee he was shocked to learn the facts about the man who killed his daughter when the man was tried for vehicular manslaughter.
“I heard at the trial that Alfredo Ramos should have been and could have been deported long before he killed my daughter,” Tranchant said. “In fact, this wasn’t the first time he’d been involved in this kind of an incident. It wasn’t even the second time. Ramos had been arrested twice before.”
“Instead of being deported to his home country, he stayed on the streets of Virginia Beach to drink, drive, and kill these two beautiful girls in a way that showed wanton disrespect for the laws of our land,” he said.
Ramos, whose blood alcohol level was three times the legal limit, was sentenced to 40 years in prison.
But Rep. Gutierrez said he thought the committee was “missing the point.”
“I think we’re missing the point of the testimony here this morning and just so we have it very clear, no one ever has debated, promoted law that does not deport drunks, that does not deport rapists and murderers,” Gutierrez said. “Part of the problem is, it’s been said here by some of my colleagues on the other side -- enforce the law.”
“This Congress and the government of the United States has not shown the political will nor committed the requisite resources to enforce the immigration law,” he said. “The only way to really do that is to have comprehensive immigration reform. You either sweep millions and millions of people off the streets of the United States of America, which no one is going to propose. So it’s always a little disingenuous to me when people say only enforce the law.”
“What I have seen, unfortunately, is the will to target and to victimize and to scapegoat a community of people,” Gutierrez said. “I have seen that readily here. It makes for great political points but it doesn’t solve the problem and would not have saved your daughter’s life."
Gutierrez said anti-immigrant sentiment is not new in this country.
“The Irish [were] the dirty, filthy element that was coming here to undermine America. Well, it gave us a President Kennedy,” he said.
Rep. Gutierrez recently embarked on a five-week tour, visiting 16 American cities, to “document the harm” caused by the lack of “comprehensive immigration reform.” As part of his Family Unity Immigration Outreach Tour, Gutierrez held community meetings for U.S. citizens whose families are at risk of “being torn apart by a broken immigration system.”
Gutierrez’ critics, including the Federation for American Immigration Reform, say he is “promoting amnesty for millions of illegal aliens and the dismantling of immigration law enforcement programs.”
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.
Please include the last pat of the title “for Calling Criminal Aliens ‘Banditos’”. It was too long for me to post.
EVERY MEMBER OF CONGRESS IS A BANDITO!!!
SOON THEY WILL ALL GET DEPORTED !!!
Did Rep. Luis Gutierrez take the oath?
Why is he so confused?
He should be dismissed from office for breach of duty.
Enough, already.
“Congress?! Congress?! We don neeeeeed no steeeenkin’ congress!”
Translation:
"You don't have the balls to enforce the law on us, so screw your law, we'll do this our way. Give up. You lose."
“The Irish [were] the dirty, filthy element that was coming here to undermine America. Well, it gave us a President Kennedy,” he said.
So here he is cutting down the man’s wife, as well as standing up for the bandito that killed his daughter and her friend.
Power in the hands of someone as dispicable as Gutierrez should be reclaimed.
> “Mr. Tranchant, can I share with you as the father of two daughters, I thank you for bringing your testimony here, but I suggest to you that if we refer to people as banditos, as you referred to them in your testimony, it does not help to solve the problem,” Gutierrez said.
According to Websters, a “bandito” is “ an outlaw especially of Mexican extraction or origin”.
I find that Mr Tranchant was entirely correct in his usage of the term “Bandito” as it accurately describes the true nature of an illegal alien from Mexico. I further find that Congressman Gutierrez is Out-of-Order by presuming to correct Mr Tranchant in his use of the term “bandito”.
Therefore I hereby reprimand Congressman Gutierrez and caution him to keep his personal racial prejudices to himself in future. So let it be written, so let it be done.
Tough. People have just about had enough in this country.
These "congressmen", I'll tell ya!
Driver arrested in fatal bookstore crash
From the link....
Ogurek says the Costa was helpful to investigators once a Spanish translator was brought in.
I haven't been able to find any info on the driver's citizenship status.
And from this link...
Truck driver arrested in deadly LA-area crash
An out-of-state trucker ignored warning signs and used a forbidden mountain route before his brakes burned out on a steep grade and he smashed into cars and a bookstore in suburban Los Angeles, killing two and injuring a dozen others, authorities said Thursday....
+1000
Mr LaRaza needs some help understanding.
> “The Irish [were] the dirty, filthy element that was coming here to undermine America. Well, it gave us a President Kennedy,” he said.
Not to mention the bandito Senator Ted Kennedy.
We don’t have that ability, either. Sorry.
I guess immigration amnesty will be the next item on the Obama agenda. Of course this will have to be taken care of in 2-3 days like everything else. And of course, he’ll get his way.
Somehow we’ve got to re-introduce the idea, and understanding, that racism ia determined by intent, not outcome.
100% Absolutely Correct! A very good point...and does need to be re-emphasized repeatedly
This is what all of congress thinks of us and I believe we’re past the point of no return if drastic measures aren’t taken.
Luis Guiterrez is a racist...and also a “bandito”
All these “Hispanics” who support illegal alienism and amnesty are racists.
I would have walked over to Guitierez and punched him in his tiny little skull after that smart azz comment...it wouldn’t have solved a thing BUT it would be a good example on how politicians never solve a thing also.
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