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Immigration debate gets angrier -- Groups loudly press for state, local crackdowns.
McClatchy News via SacBee ^ | 8/19/7 | Dave Montgomery

Posted on 08/19/2007 12:11:00 PM PDT by SmithL

WASHINGTON -- Seven weeks after the collapse of legislation in Congress, the outcry against illegal immigration is louder than ever, manifested by proposed clampdowns at the state and local levels and an uproar over the arrest of an undocumented immigrant in the execution-style slayings of three New Jersey college students.

Scores of organizations, ranging from mainstream to fringe groups, are marshaling forces in what former House Speaker Newt Gingrich calls "a war here at home" against illegal immigration, which he says is as important as America's conflicts being fought overseas in Iraq and Afghanistan.

While most of the groups register legitimate, widespread concerns about the impact of illegal immigration on jobs, social services and national security, the intense rhetoric is generating fears of an emerging dark side, reflected in what appears to be growing discrimination against Latinos and a surge of xenophobia unseen since the last big wave of immigration in the early 20th century.

"I don't think there's been a time like this in our lifetime," said Doris Meissner, a senior fellow with the Migration Policy Institute and former commissioner of the U.S. Immigration and Naturalization Service. "Even though immigration is always unsettling and somewhat controversial, we haven't had this kind of intensity and widespread, deep-seated anger for almost 100 years."

The Alabama-based Southern Poverty Law Center, which monitors hate groups, said the number of "nativist extremist" organizations advocating against illegal immigration has grown from virtually zero just over five years ago to 144, including nine classified as hate groups, such as the Ku Klux Klan and Aryan supremacists.

Eighty-three percent of immigrants from Mexico and 79 percent of immigrants from Central America believe there is growing discrimination against Latin American immigrants in the United States, according to a poll conducted by Miami-based Bendixen & Associates.

(Excerpt) Read more at sacbee.com ...


TOPICS: Editorial; Foreign Affairs; Government
KEYWORDS: aliens; borders; illegalaliens; illegalimmigration; immigrantlist; immigration
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1 posted on 08/19/2007 12:11:02 PM PDT by SmithL
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To: SmithL

***Eighty-three percent of immigrants from Mexico and 79 percent of immigrants from Central America believe there is growing discrimination against Latin American immigrants in the United States, according to a poll conducted by Miami-based Bendixen & Associates.***

Good


2 posted on 08/19/2007 12:12:43 PM PDT by wastedyears (Alright, hold tight, I'm a highway staaaaaaaaaaaaarrr)
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To: SmithL

I’d bet bush still doesn’t get it.


3 posted on 08/19/2007 12:13:09 PM PDT by ConservativeofColor
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To: ConservativeofColor

Joe’s Apartment - Welcome to Joe’s Apartment
http://www.youtube.com/watch?v=sBM5DdIB53E&mode=related&search=


4 posted on 08/19/2007 12:14:30 PM PDT by restornu
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To: wastedyears

They should go to cuba where, according to michael moore, they can get *FREE* universal healthcare better than what is available here.


5 posted on 08/19/2007 12:14:51 PM PDT by ConservativeofColor
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To: SmithL

Ah, yes...Doris Meissner...who made sure Elian Gonzales was sent back to the Cuban prison-state.


6 posted on 08/19/2007 12:15:31 PM PDT by B Knotts (Anybody but Giuliani!)
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To: SmithL

“growing discrimination against Latin American immigrants”
I don’t think this is true. Most folks are receptive to LEGAL immigration it is the ILLEGAL type we are damned mad about.


7 posted on 08/19/2007 12:15:31 PM PDT by Joe Boucher (An enemy of Islam)
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To: wastedyears
The press still refuses to recognize that we aren’t witnessing a growing discrimination against Latino immigrants, but rather a ground swell of rebellion against illegal immigrants. Period.
8 posted on 08/19/2007 12:15:32 PM PDT by Heartland Mom (Build the fence, secure our borders, deport illegals - Protect our sovereignty!)
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To: SmithL
...the number of "nativist extremist" organizations advocating against illegal immigration...

So if you are in favor of abiding by the law and opposed to ILLEGAL immigration, then you are a nativist extremist. Makes perfect sense to me!

9 posted on 08/19/2007 12:17:24 PM PDT by Renkluaf
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To: SmithL

All these pro illegal immigration groups did was shine an ugly light on themselves. Legal Americans didn’t like what we saw. If they wanted uncontrolled immigration, they would have been better off keeping quiet.


10 posted on 08/19/2007 12:18:10 PM PDT by CremeSaver
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To: SmithL
They should also clamp down on the federal level by enforcing the following law:


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.
11 posted on 08/19/2007 12:18:41 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: Man50D

MEGABUMP!!!


12 posted on 08/19/2007 12:21:40 PM PDT by AmericaOne (Sneaking In is NOT Immigration!!!)
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To: Renkluaf

All this “backlash” and “anger” or whatever you call it, is simply enforcing the existing laws. All we’re seeing is increasing enforcement of existing immigration laws which have not been enforced in the past.

It’s already against the law to sneak into this country.
It’s already against the law to be here illegally and work.
It’s already illegal to overstay a tourist or other visa and stay in this country.

It’s already illegal for employers to hire people here illegally.

AND THIS IS NOT A BACKLASH AGAINST IMMIGRATION PER SE. It’s against ILLEGAL aliens. Nothing is being changed regarding existing immigration law, nor is anyone serious proposing cutting back legal immigration.

The MSM, in my opinion does a very poor job reporting on immigration and illegals and all the related issues. They consistently fail to make the distinction between legal immigration and illegal immigration.


13 posted on 08/19/2007 12:22:30 PM PDT by Dilbert San Diego
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To: restornu
lol!

http://www.youtube.com/watch?v=1QS7wWzwak4

14 posted on 08/19/2007 12:22:49 PM PDT by ConservativeofColor
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To: SmithL

Yes, yes, yes . .it’s always “discrimination” against oppressed minorities. There’s not a racist bone in any of them though, especially LaRaza, LULAC, et al. And absolutely no discrimination against the Anglos who bear the disproportionate tax burden to support these poor oppressed people.

Pity them, they’re such victims.


15 posted on 08/19/2007 12:23:09 PM PDT by A_Former_Democrat
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To: SmithL
I think Americans are getting tired at all the crime and death caused by illegal aliens. I’ve seen something that suggests more Americans have been murdered by illegal aliens since March 2003 than have been killed in Iraq. I’d like to find out if that’s true or not, but in any case, we need to secure our borders and immediately start identifying and deporting all illegal aliens who commit criminal offenses. Those who are caught in other ways should also be deported, but we need to start working on the criminals. And the first step is to eliminate sanctuary status nationwide.
16 posted on 08/19/2007 12:24:16 PM PDT by AlaskaErik (Run, Fred run! I will send my donation as soon as you announce.)
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To: Joe Boucher
I agree with you.

I live where the Chinese camps were back in the RR building days.

One guy was murdered up here he was from Japan and I did research on him.

Our country was able to track his family down in his village of origin in Japan to notify them.

All by hand written letters from the County on up to the involved consulates/embassies.

Yet in modern times or govt can’t set up a workers program that is functional?

17 posted on 08/19/2007 12:26:05 PM PDT by Global2010 ( Not to Late to Pray for comfort at this moment.....)
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To: A_Former_Democrat

>>>The Alabama-based Southern Poverty Law Center, which monitors hate groups, said the number of “nativist extremist” organizations advocating against illegal immigration has grown from virtually zero just over five years ago to 144, including nine classified as hate groups, such as the Ku Klux Klan and Aryan supremacists. <<<

I group the Southern Poverty Law Center right along with CAIR, the Ku Klux Klan, and Hezbollah. Birds of a feather, though some a bit more flashy than others.


18 posted on 08/19/2007 12:26:26 PM PDT by CheyennePress
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To: SmithL
Even though immigration is always unsettling and somewhat controversial, we haven’t had this kind of intensity and widespread, deep-seated anger for almost 100 years.”

Dufus! There has never been an outright invasion of millions of foreign born trash sneaking across our southern border, many or most of which do not hold the ideals of America and the pride of Western Civilization to heart.

Far from it, a large percentage want to create another Mexico city right here. And it shows.

Damn right we are mad!


19 posted on 08/19/2007 12:27:02 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: SmithL

"Eighty five percent (85%) of the population is against amnesty and wants border security strengthed before other immigration issues are addressed.

Rasmussen

20 posted on 08/19/2007 12:27:42 PM PDT by Mad_Tom_Rackham (Elections have consequences.)
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