Posted on 06/16/2006 3:03:55 AM PDT by Dane
Jacob hiring: Was it legal?
Republican candidate for Congress John Jacob on Thursday defended his hiring of a couple from Chile several years ago, insisting that he acted in good faith and within the law.
Jacob, of Eagle Mountain, is running against five-term incumbent Chris Cannon for Utah's 3rd District seat in Washington, a race dominated by the issue of illegal immigration. The outcome is widely viewed as a bellwether of national sentiment. Jacob has embraced a tough enforcement position on illegal immigrants and those who employ them.
In a debate at Utah Valley State College on Saturday, Cannon and Jacob were asked whether they had ever employed an illegal immigrant. Cannon replied with a definitive "no," while Jacob said "not to my knowledge" and went on to explain circumstances in which he hired the Chilean couple to work for him after he set up a company in their name.
Rather than paying the Silvas as his own employees, Jacob paid their company -- called The Office Specialist of Utah -- for services. That company then paid Marta Silva for secretarial work. Her husband, Oscar Silva, did landscaping work for Jacob.
A Saratoga Springs address corresponding to state records of the Silvas' company is listed in the telephone directory. The phone number has been disconnected. Utah County property records list the current owner as Marta Araya.
Jacob said Thursday that he stepped in to help the Silvas with financial sponsorship at the urging of his LDS bishop. The Silvas were in the country on Oscar's student visa and had fallen on hard times, Jacob said. Oscar attended Salt Lake Community College.
Whether Jacob's employment of the Silvas five or six years ago was legal has been the subject of recent news reports. Jacob dismissed the reports as innuendo and said the true story is one of a couple who, with financial help from him, made good on their goals in America.
Jacob said he met the Silvas six years ago after they entered the country. When they arrived, he said, they had the resources required by the government for a student visa: sufficient money to complete the entire course of education, including all living costs. Those resources included houses they owned in Chile and the means to buy a home here, he said.
However, something went wrong with the Chile holdings -- Jacob said the Silvas were cheated by real estate agents and the houses were trashed -- and so they needed a financial sponsor in the U.S. to take on the financial responsibility for the schooling.
Jacob said when his bishop came to him with the story, he agreed to help, to the tune of more than $100,000 over four years to support the couple and their three children.
The Silvas were not happy with the arrangement, Jacob said. "They felt like they were getting something for nothing, and they wanted to give something back."
Jacob said he and the Silvas consulted an attorney and were told that the couple could form a company that could hire employees -- themselves in this case.
In most circumstances, the government places tight restrictions on employment for people on student visas. Some on-campus part-time work may be allowed, or work that relates to the student's field of study. In some student visa classifications, a spouse or dependent of the visa holder may work; in other circumstances they may not. The specific type of visa held by the Silvas was not available Thursday.
When asked whether he believed that any foreign national who entered the United States on a student visa could simply form a company and proceed to work as a principal or employee of that company, Jacob replied that he did not have the answer. He said he had followed the advice of legal counsel in paying the Silvas.
"I don't have those answers. What I got was, if they open a company then you can pay the company. That allows them to pay taxes, and that's legal," Jacob said. "I'm not an attorney. I tried to do everything legally."
He said that Oscar had "permission" to do landscaping work for him during the summer.
Jacob also responded to an allegation raised in news reports that he had paid the Silvas in cash to keep the arrangement under the table.
"If they received cash, it was because it was what I had at the time," Jacob said. "I actually believe I paid them most of the time, if not all of the time -- it was by check."
Cannon's campaign declined to comment on the employment issue.
"However, this story is further testimony to an immigration system that is unworkable," said campaign manager Nathan Rathbun in a statement. "Perhaps this controversy will help make it clear that immigration is a complex issue that cannot be addressed by way of sound bites and generalizations."
Eagle Mountain Councilman David Lifferth, who once lived in the same LDS ward as Jacob and the Silvas, said he was surprised when he read in the Daily Herald that when asked if he had ever employed illegal immigrants, Jacob answered "not to my knowledge." Lifferth said it was "common knowledge" that Mrs. Silva, whose husband was on a student visa, was working for Jacob.
"A candidate for Congress employed people who did not have the proper documents," he said. "They were here on an education visa with very strict requirements. Immigration is obviously the No. 1 issue in the congressional campaign. One of the candidates has some explaining to do." Lifferth's Web site says he supports Cannon for Congress.
Jacob said that there was nothing wrong with his handling of the Silva matter -- just the opposite.
"What a success story. And they're trying to make this look like I did something wrong," Jacob said. "If I'd just given them the money, it wouldn't have been a problem. I tried to follow everything I could, and because I have a heart, now they may be in trouble? I may be in trouble?"
Antonella Packard, who also once lived in the same LDS ward as the Silvas and Jacob, and also came to the United States on a student visa, said that students who wanted to work off campus had to jump through hoops and get special permission. If students were working without permission, doing something unrelated to their studies, they could have been deported, she said.
Jacob said that Silva completed his education at Salt Lake Community College.
Silva visited with him about six weeks ago, he said, wearing an armed services uniform -- Jacob couldn't remember what branch of the military. He said Silva expected to become a U.S. citizen very soon.
Jacob also said he has not spoken with the Silvas since recent news reports about the employment emerged and that the contact information he has for them is out of date.
Well it had big brass buttons and lots of gold fringe, I would say it was French.
Too quick pulling the trigger.
I don't even think the guy was illegal in the first place, it looks like came here legally on a visa, and followed porcedure, and is going through the citizenship process.
Of course Tom Tancredo could correct this by arguing against immigration, both legal, illegal, and for the deportation of american citizens, that would ease things up.
I also view this as proof that there is no need for a guest worker program.
I've done it with a maintenence crew under advice from my accountant and lawyer....and no, they aren't illegal immigrants.
Well, I understand what you were getting at even if "Dane" doesn't choose to "get it." I would never compare you or anyone else to a Clinton sycophant. Unless of course they were someone that actually behaved like one.
(I believe that if it is a loophole, he did not break the law, so, legally what can be done to him?)
If no law was broken then nothing can be done to him. If however it comes out that he KNEW the company he was doing business with hired illegals, and a couple of them showed up at his door and he still kept them on, he should not be elected.
Danes forte is defending those who break our laws. He doesn't believe in punishing lawbreakers and has made that fact crystal clear on numerous occasions.
Attempting to talk sense to him is futile.
He believes there should not be any punishments for those who conspire to break the laws of the United States.
It is therefore in your best interest and the best interests of the forum to simply ignore this champion of criminals and spend your time engaged in something positive like reporting illegal aliens and those who hire them to the proper authorities.
That is all.
L
Thank you for understanding what I was trying to say. I agree, if he knowingly broke the law, I wouldn't want him representing me. I am not positive from the article, so I don't have a positive position on this. I wouldn't vote for him if he skirted the spirit of the law, either, but my point was just that if it was a loophole, by definition it wasn't breaking the law, so technically there wouldn't be a legal action that could be taken against him.
susie
You're right, and I know better. Mea culpa.
susie
So you are granting Mr. Jacob, amnesty.
The irony and hypocrisy of you tancredo zealots.
The irony and hypocrisy of you tancredo zealots.
HELLOOOOOO....HERE'S A CLUE.....JACOB IS AN AMERICAN!! There is NO comparison. Are you really that dense?
IF you would just tell your family members to quit sneaking into America, and do it the RIGHT WAY it would be fine. It would also help if they wouldn't tell AMERICANS that America is THEIR COUNTRY. Please tell them!!!
HELLLOOOOO... john jacob is one of those "evil" employers your ilk on FR are complaining about incessantly.
What's good for the goose is good for the gander.
You are wasting your breath arguing again Mr.FR (Dane) Openborders.
For whatever reason he wants the flood of illegals to continue, and all illegals to be granted amnesty. If you doubt what I say, check his profile and previous posts.
HELLOOOOO.....IF Illegals weren't here, there would be NO ONE for ANYONE to hire!! Tell your family members to go back to Mexico and apply for immigration into America. Do it the right way and that would be OK.
You're quoting sinky as the basis for supporting Cannon over Jacob. SINKSPUR.
If a pro-gay RINO liberal like Sinky is supporting Cannon, that's pretty hard core proof that a conservative should back Jacob.
First, sinkspur provides more to any discussion than most freepers could hope to.
Second, if you don't like his assessment, check for yourself.
Third, I contend you'd be exchanging somebody you claim not to like on one issue for somebody who may, in fact, be a liberal on many issues -- including illegals.
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