due to the utter incompetence of the traitorous Congress and a President
who remains steadfastly dedicated to giving Mexico what it could not
get via the Zimmerman telegram from Germany before WWI.
Posted on 07/24/2007 4:28:27 AM PDT by Man50D
Attempts by cities or other governments to sidestep federal policy and make their own provisions for illegal aliens won't get any attention from the White House, spokesman Tony Snow says.
He said such efforts are not under the president's "purview."
Snow was responding today to a question from Les Kinsolving, WND's correspondent at the White House. He asked about the president's reaction to local governments making their own decisions regarding immigration policy.
"Reuters reports that New Haven, Conn., will begin issuing to illegal aliens city ID cards to allow them access to city programs and to open bank accounts. My question: What is the president's reaction to this municipal…"
"Let me lay down a general rule, which is: The president, because of federalism reasons, does not talk about state, local, county, municipality, Cub Scout, Girl Scout, or other resolutions," Snow said.
The report from New Haven said even though many U.S. cities and states are arresting illegal immigrants in raids, and are toughening laws against them, the Connecticut city was moving the other direction.
The report said starting this week, illegal aliens will be offered identification cards so they can use city services such as libraries. Supporters reported the cards will improve "public safety" and give the illegal aliens protections that already are given to legal residents.
The U.S. Senate failed this month to adopt a comprehensive reform program that had been sought by the White House. It would have granted a path to legal status for illegal aliens.
Now, an official who administers the program for New Haven said the special IDs will allow illegal aliens to do such things as open bank accounts.
"Part of the reason they can't open bank accounts is because they don't have forms of identification that were valid," the official said.
(Excerpt) Read more at worldnetdaily.com ...
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.
bttt
Did we expect Snow, who speaks for Holy George, to speak out against this? More than likely these people received congratulatory phone calls from the White House.
If I'm not an illegal and apply for and receive an ID under an "IDs for illegals program" and get caught out:
1) Do I get deported? If Yes, where?
2) How much time [5 years, 10 years, 20 years?] do I get for having a illegal illegal ID? (I know as a non-illegal I would do time)
Ok, then the president, because of federalism reasons, does not talk about state, local, counties or municipalities kicking the illegals all the way back to me-hee-co. The Federal Government should instruct all federal judges to not overturn state, local, counties or municipalities laws or ordinances in regards to actions taken at local levels to prevent infestation of their state, city or town by illegal aliens. Those are rights reserved for the state and local, counties or municipalities, according to the quoted “federalism reasons.”
So, seeing as how federal judges do overturn state, local, counties or municipalities laws and ordinances on a regular basis I can only conclude that Mr. Snow, quite probably under direction from the President, is lying and thus implies that the President is lying on this issue as well.
Much as I hate to see it, Jorje is turning out to be a disaster on the domestic front.
I also hate to see it. Nothing makes me feel worse than saying these things. And now the meeting in August in quebec to give influence over our country to canada and mexico - two more corrupt and devious governments you could not find. Almost everyone in both countries is on the take in some way. I guess we have finally offended God to the point where He will abandon us to our own devices.
Well,in that case! Come, come, my bronze-hued Latino brothers and sisters! The glories of Marcel Proust, Ambroise Bierce, and Sylvia Plath await you!
(/sarcasm)
DEAR FRIENDS,
This is our next big defensive battle!
Only a firestorm that you in the NumbersUSA Action Network can create will stop Congress from sneaking through a radical pro-illegal-immigration provision in the "9/11 Commission Recommendations Act of 2007."
Please go to your personalized Action Buffet now. Send any faxes posted there. And then click on the Phone note which will provide you with the phone numbers and the talking points for your calls.
A joint Senate/House negotiating committee is on the verge of agreeing to a bill containing a giant loophole for terrorists in particular, and potential illegal aliens in general. The conferees could wrap things up by the end of today.
The pushers of this loophole are counting on the American people being unaware of what Congress has tried to make an obscure process. But if we don't stop Congress from expanding this loophole, we will see the illegal population grow even larger at a faster pace.
We need you to fax and call your two Senators and your U.S. Representative and shock them that you know about this latest capitulation to the illegal immigration industry.
HOW WE GOT HERE
After the terrorist attacks of 2001, the 9/11 Commission made many recommendations for better protecting our nation's security. Some of them were passed in 2002. The bill before us now is intended to take care of most of the remaining recommendations.
One of the recommendations related to a security loophole known as the Visa Waiver program, which allows travelers from many favored nations to come to the United States without the security screening we require for visitors from all other nations.
The rationale for the program is that these "waivered" countries are friendly, and their citizens generally aren't a high risk for overstaying their visas as illegal aliens.
A problem, of course, is that terrorist networks are well aware of this and recruit citizens of the "waivered" countries who can enter the United States with ease. The famous Shoe Bomber from Great Britain did just that.
The House version (H.R. 1) and the Senate version (S. 4) both slipped in a provision to expand the Visa Waiver loophole, rather than reduce it.
A recent GAO report found significant weaknesses in the existing program.
WHAT CAN WE ACCOMPLISH?
Some of our closest allies among the Members of Congress have urged us to activate the Network to stop this Visa Waiver expansion. They consider this to be one of the gravest threats to our security of any proposed legislation.
Unfortunately, only one conferee, Rep. Lamar Smith (R-Texas), has vocally opposed this threat to our security. In order to stop this, we need to create a firestorm of opposition THE MINUTE YOU GET THIS.
Why would the Senate do such a thing? One reason is that the tourist industry feels that tourism increases when visas aren't required. This is understandable from a business point of view, although nothing quells tourism like an actual terrorist attack.
But when the choice is clearly between more business and reasonable security, we should expect Congress to choose our security.
All of you with a Member on the negotiating (Conference) committee have had actions posted from us the last week.
But now we need to enlist all the rest of you to call your Senators and Representatives who are NOT on the Conference Committee. They need to know that there is genuine alarm across the land about this small provision in the 9/11 bill.
Your job is to cause so much noise in their offices that those Members will contact the actual Members of the negotiating committee and express some alarm themselves.
You can read more about this waiver program and the threat by going to your NumbersUSA Action Buffet and clicking on the fax and phone notes. They will provide more details.
This is about more than security. The visa process helps screen out visitors who have a profile that suggests a high likelihood of overstaying a visa and becoming an illegal alien. Since around 40% of all illegal aliens first came as legal visitors, expanding the number of countries that don't have to issue visas certainly will expand the number of people becoming illegal aliens.
http://www.numbersusa.com/actionbuffet
bttt
Yeah, this is going to be a big Ambrose Bierce crowd. No doubt about it. I wonder if they will bring their own crayons or just demand that they be provided. Stay tuned.
...not hard to answer....the President desires it so
Illegal amnesty will happen.....it's simply 'silent amnesty' now.
I posted on another thread that the SS system must start working with the Feds.
Our Administration may not ‘comment’ on things that are important to *We The People*, so the people are starting to speak for themselves.
Repeat of Newt clip: (42 illegals used same SS#)
http://youtube.com/watch?v=15D3ElV1Jzw
Tony,
You stepped in it again. You and the President are wrong about this.
Read post #10. Congress critter ping!
I said it before and say it again. This man deserves impeachment. Cheney would make a better President.
ping
What? The Prez won’t talk about Boy & Girl Scouts? Why would he alienate these groups?
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