Posted on 06/21/2010 12:05:57 PM PDT by Mobile Vulgus
Here we are in a nation being inundated by illegal aliens, so much so that states are having to take what should be federal responsibility into their own hands to try and end this flood of illicit immigrants, and Barak Obama's Sec. of Labor is announcing to illegals that she intends to help them get paid "fairly."
Hilda Solis has a new video out promising to get illegals "every cent they earn." You see, "every worker has a right to be paid fairly whether documented or not," Solis helpfully tells us.
So, while the country is facing a flood of illegal immigrants that come here to overburden our system and commit crimes, we have a federal government promising to help make their illegal stay more comfortable.
Hey, Hilda…. what part of ILLEGAL don't you understand?
See the Solis video at at Publiusforum.com...
All things considered if the law required illegal aliens to be paid at THREE TIMES the minimum wage, that would be good ~
Yeah, Hilda you bitch, you puta... come here and I’ll give you some money for the illegals. Bring it.
This is actually a partial solution. Require business to follow tax law and minimum wage laws... and they won’t hire illegals. Illegals walk home.
The list, ping
Hilda Solis is a card carrying member of the socialist party.
But we do have some who abuse the fact they are illegal and pay them barely nothing. I saw one 60 minutes show where a illegal was getting less than a dollar a hour.
One guy I spoke with near San Diego said he loves illegals. He can’t get cheap labor without them. Obama supporter and stimulus taker for his alternative energy startup.
This is one step short of forming a labor union
for them
WHEN will the whispers of impeachment start? This goes beyond looking the other way (Senor Bush) and squarely into the realm of willfully breaking a President's oath and the laws of our land.
This retarded story yes... but the idea is to say “no to slave labor” pay fair to the illegals... liberal sensibility to force conservative action.
Pay attention folks, the socialist/communist/RATS are busting their axx exposing themselves to us. There’s absolutely no reason to vote for a democRAT Nov. nor most RINOs and encumbits. Nov. can’t come too soon.
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.
*Arizona's SB 1070
Millions of unemployed American’s, with 10’s of thousands more losing their jobs with each passing month, vs.... giving Illegal aliens a raise.
Hmmmm, tough choices at the top and being made every day. I remain impressed with the intellect that the dems put into power.
Oh darn... I think I fainted again.
New bumper sticker idea:
“Save An Illegal Alien-Destroy An American Family”
She is in violation fo the law and needs to be put in JAIL immediately.
Let me up the ante ~ pay them 10 times minimum wage. Back that up with a new penalty for employers ~ if you pay less than 10 times minimum wage to an illegal you get 15 to 25 years for slavery!
Ensure that employers have to pay the same to an illegal as to an American...
...and why would the employer have any reason to hire the illegal?
(I’d prefer that employers have to pay the same to the illegal and then pay MORE in taxes for it that for an American.)
Hey Obama... how about being fair to the people that elected you and put in a day’s work?
SEIU and Pelosi are involved you can bet.
Hilda Solis is Obama’s Sec of Labor.Prior to appointment,org of social dem,socialist & labor parties http://is.gd/cY0uh
Throughout Solis’ tenure in Congress, labor unions—most notably the Teamsters Union, the Service Employees International Union (SEIU), and the Laborers’ International Union of North America—were responsible for nearly 60 percent of her Political Action Committee (PAC) donations. Another major contributor was the American Association for Justice (formerly known as the Association of Trial Lawyers of America).
In June 2008, Solis sent a caseworker from her East Los Angeles office, Elana Henry, to represent her at a workers’ rights forum organized by Socialist International, which has close ties to the Democratic Socialists of America and bills itself as the worldwide organization of social democratic, socialist and labor parties. On a previous occasion twelve years earlier, Solis had sent another representative (Antonio Aguilar) to serve as a presenter at a major Communist Party USA event.
Exactly-and wages would rise for AMERICANS TOO. By backing this, she knows the first thing people will say is “let them pay a tax on every cent they earn as well” to which these sickos will respond “this is why we want to give them amnesty”. A POX ON THEM!
Short sighted Libs. They only want to consider what’s “fair” (when their solution involves other peoples’ money of course), and don’t have a thought for the reality of the market. If they want to force “evil” businesses to pay “fair” wages no matter whether the person is an illegal alien or not, they’d be shooting themselves in the foot! The “evil” entrepreneurs would no longer have any incentive to hire illegals.
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