Who’s In Charge of America?

This is a simple question. Everyone should know the answer. It goes to the heart of the American experiment in self-government. In the Declaration of Independence, Thomas Jefferson wrote that “just” government rests on “the consent of the governed.” The Constitution put that in writing, in law. But recently, two federal judges have decided that they should run America, not the people.

Federal judges are, of course, not elected and serve for life. The idea that they should decide public issues rather than officials elected for that purpose is an attack on the basis of American government. And yet it happens. Cases in point: Hazleton, Pennsylvania, and Framers Branch, Texas.

In both cities, with the overwhelming support of their citizens, the Mayor and City Councils passed ordinances to discourage local landlords from renting to illegal aliens, and local businesses from hiring illegal aliens. Neither city took on the role of determining who was illegal. Instead, both cities (in different ways) accepted federal definitions of who was an illegal alien.

The federal judge who ruled against Hazleton wrote that local ordinances like this are "preempted by federal law." This is a false conclusion, since the ordinances merely accepted and used the existing federal definitions of who is an illegal alien.

The judge sought to salvage himself from reversal by adding dicta, saying that even if the City's ordinances were not preempted, they violated "the constitutional rights" that the plaintiffs' have "whether they were legal residents or not." This is flatly contrary to prior decisions of the Supreme Court.

The driving force behind the appeal of this case, and an appeal of a similar decision by another federal judge against ordinances of Farmers Branch, Texas, will be future harm to American citizens who live in those towns. There will be more rapes, robberies, assaults and murders of citizens by illegal aliens. There will be more injuries, damage and deaths from illegal aliens driving without licenses, without insurance, and sometimes while drunk.

The citizens of those, and other towns, which are being overwhelmed by illegal aliens, will rightfully blame this death and destruction on the federal judges who have, so far, stripped the local governments of the power to protect their own citizens. And, protecting the citizens is the first duty of all elected officials, everywhere.

In the meantime, the same dynamic will play out in New Haven, Conn. That City started this week issuing special City IDs to illegal aliens, there. These and all other "sanctuary cities" will attract even more illegal aliens. The deaths, injuries and damage, and health, welfare and education costs, inflicted by illegal aliens in these cities should and will be blamed on those local officials.

The death rate of Americans from all illegal activities of illegal aliens has consistently been higher than the death rate of Americans in Iraq and all other places around the globe where American servicemen and women "go in harm's way." Local media, who report on local matters, are beginning to catch up with this deadly reality. All Americans are in harms’ way, not just the military.

This is not a civics test in the 11th grade asking “Who’s in charge of America?” These are real decisions, by real judges, which will lead to real deaths of real citizens. These two decisions by arrogant federal judges should be reversed on appeal. Furthermore, people who are concerned about the cost and damages from illegal aliens should push the candidates for President to answer two questions:

“Who’s in charge of America?” And – “Would you appoint federal judges who would steal the right of self-government from cities, states, and the Congress of the United States?”

For more than two decades I have preached the doctrine, like a voice crying in the wilderness, that the judicial appointments of a President may be more important than anything else that he or she does. That’s because judges last for life, whereas Presidents are gone in eight years, maximum. Now, citizens of the US are beginning to see the point. Ever since the Kelo case (where the Supreme Court ruled 5-4 that government can take your house to give your property to another private owner), citizens have been outraged about Court arrogance, and Court disregard of the Constitution.

The Hazleton and Framers Branch court decisions are two more examples of such anti-constitutional thinking. All candidates for President should be asked whether they approve of these decisions. That’s a quick way to assess whether they think citizens and elected officials, or unelected judges, should be in charge in America.

About the Author: John Armor practiced in the US Supreme Court for 33 years. John_Armor@aya.yale.edu He lives in the 11th District of North Carolina.

Good post, thanks.

Someone posted this statement on another thread yesterday, from Fred Thompson. If anyone else has issued a statement, I’m not aware of it.

http://www.freerepublic.com/focus/f-news/1872088/posts?q=1&;page=101

“Hazleton Immigraton Decision

Most Americans want something to be done about the illegal immigration problem we have in this country. They’ve been expecting the federal government to enforce the immigration laws already on the books. The federal government hasn’t done that, so it shouldn’t come as a surprise that the governments closest to the people – municipal and state – are looking to take action. This is an entirely proper role for these governments.

Back in 2006, the citizens of Hazleton, Penn., were noticing some troubling signs resulting from an influx of illegal immigrants. They were seeing an uptick in the number of murders, an increase in drug-related crimes and a school district bursting at its seams. In fact the English as a Second Language program reportedly went from $500 a year in 2001 to more than $1 million a year today. The citizens of Hazleton demanded that something be done, and the Illegal Immigration Relief Act was introduced by the mayor and supported by the city council by a vote of 4 to 1.

Let’s be clear about what’s going on here. No matter what some groups may be trying to do to muddy the water and portray Hazleton’s law as something playing to an uglier agenda, this law is not about legal immigration. This law is about dealing with the illegal immigration problem in Hazleton. The town’s mayor and city officials made this clear from the beginning, and it seems like they took a common sense approach.

Our constitutional system allows cities to take reasonable steps to protect their citizens. When the federal government is unwilling to enforce immigration laws effectively, then cities need to be able to act, and take reasonable steps to secure their citizens from the social, financial, and criminal costs of illegal immigration.”

I don’t have a link to the orginal source, but the freeper mentioned IWF [I don’t know what that is].

Why isn't this law being enforced espeically since it allows private citizens to take action against illegal aliens?

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.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.