Illegals identified in county jails

Now see. This is the kind of state level involvement on this issue I like to see. If you read the bottom of the article, it actually pays for states to deport illegals.

I’d be all for giving counties like this extra Federal funding, best by taking it from the “sanctuary” counties.

This is the kind of state level involvement on this issue I like to see.

Below is another method that can be used. Take note about RICO and private citizens.

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.

While America is dealing with turmoil over how to secure its borders to the south, San Bernardino County has interviewed 947 inmates from 64 countries other than Mexico.

And we're constantly told we're all immigrants, just like these people.

And this is just one county....

“This is the kind of state level involvement on this issue I like to see.”

Oh, don’t get me wrong. States enforcing the federal laws already on the books goes without saying as far as I am concerned. Even if it costs the states money. My comment was an aside to my ambivalence over the Hazelton ruling where the locals appeared to be trying to supersede the federal government’s prerogative.

I don’t get it - why does it matter whether the perp is from Mexico or not? Illegal is illegal; a felon is a felon. And all illegal felons should be deported.

“I don’t get it - why does it matter whether the perp is from Mexico or not? Illegal is illegal; a felon is a felon. And all illegal felons should be deported.”

Pardon the pun but No Way Jose. If you break the law in my country, even if you are here illegally, you do the time in my country. Btw, in Mexico, if you are an illegal alien you do time for JUST being an illegal alien.

ping

I’ve always said that sanctuary cities will disappear the minute you make it worth their while to report illegals. For instance, give them half the $10,000 per illegal fine and you’ll be amazed at how fast the reports will come in.

They need special federal training to identify illegals?

“No hablo ingles. No tengo ‘ID.’”

“He’s an illegal!”

See, it’s simple.

Its only a matter of time before the ACLU and other anti-American groups jump all over this and ensure that these people are set free. Furthermore, don’t be surprised if the city of San Bernardino fights this by declaring itself a santuary city. Bush won’t lift a finger to stop it either (translation: He’ll support them 100%, along with La Raza.)

I am convinced that ultimately, because our government is ACTIVELY ASSISTING OUR ANNEXATION TO MEXICO, this problem will only and can only be solved in the streets.

"The cost of housing one inmate for one day is just around $54..."

They need to get some helpful hints from that sheriff in Phoenix.
He can show them how to cut that figure by 2/3.

“I’ve always said that sanctuary cities will disappear the minute you make it worth their while to report illegals. For instance, give them half the $10,000 per illegal fine and you’ll be amazed at how fast the reports will come in.”

I am all for the federal government helping states/cities/counties defray the costs of enforcing federal laws. The flip side is I am all for punishing states etc who refuse to enforce or outright disobey federal laws. The federal government should find monetary ways of punishing sanctuary cities like witholding whatever funds are already flowing to them.

For the AFIRE ping list.

In addition, it’s time to file Racketeering, Influencing, and Corrupt Organizations (RICO) lawsuits.

RICO lawyers could turn it around in a few years and MAKE MONEY at the same time. I’m surprised they haven’t done it already.

In the absence of enforcement, we can get the word out in the meantime that there is money to be made in filing RICO lawsuits against employers who hire illegal aliens like these criminals.

Employers would have no trouble shutting down the border if they could get sued by someone under the RICO statutes for hiring these people in the first place. The next time an illegal alien kills someone in a drunk driving accident or somesuch thing, I’m going to point out that the victim’s family might be able to seek compensation from the employer under these statutes in the hopes that it would catch on. If this did catch on, would see such a swift backlash against illegal immigration that no employer would go near these people and they’ll all simply want to go back home.

This is good; but are they really being deported?

The money we waste on illegal aliens is sickening. The government uses our tax dollars to pay for everything except keeping them out of the country.

"This is serious. Something must be done about the illegal aliens.
Let's give them Amnesty, insurance, housing, welfare, cars, ...."

Give me half the $10,000 per illegal fine and you’ll be amazed at how fast I can put together a company that will deliver them to the border.

And this is just one county....

One of the reasons San Bernardino is experiencing fast growth is that a large number of refugees from the sanctuary city of Los Angeles are moving into the county. Sanctuary cities such as LA are not safe to live in anymore due to their high crime rates. Their roads are also not safe anymore due to all the unlicensed and inexperienced drivers. Just last weekend two policeman died on LA freeways. Every day there are shootings now in Los Angeles. My prediction is the insurgency here will begin within the sanctuary cities. Just remember what the streets of Los Angeles looked like during its last riots.

why does it matter whether the perp is from Mexico or not? Illegal is illegal; a felon is a felon. And all illegal felons should be deported.

This president and his open borders comrades do not want Mexicans deported, felons included.

California prisons and jails house (and we pay for) a few million illegal aliens, and most of them are from Mexico.

Parts of San Bernardino county look like Mexico. Unfortunately, Mexican illegal aliens are a protected class, thanks to our pandering government.