"Before New Federal/Local Laws Kick-In, Local Businessmen Unite to Help Illegals"(TRANSLATION)

Washington Hispanic Newspaper (Translated to English) ^ | 17 August 2007 | Mitzi Macias (Translated to English)

[AmericanInTokyo]

PROJECT: COUNTERINTELLIGENCE

SUBJECT: ILLEGAL IMMIGRATION / RESPONSE ON THE U.S. LOCAL LEVEL

FILE: OPPOSITION RESEARCH TRANSLATION: SPANISH to ENGLISH (w/BABELFISH)

Original Spanish Title: ("Ante Nuevas Regulaciones Federales y Locales Empresarios se Unen Para Ayudar a Los Inmigrantes")

Translated Text:

”By Mitzi Macias WASHINGTON HISPANIC

In order to respond to the new anti-immigrant (sic: "anti- illegal alien") regulations on the local level in Virginia and federal level, a group of businessmen met to form a coalition through which he will plead for the rights and the contributions of the immigrants (sic: "illegal aliens"). Taking the first step, the coalition is an integration of nine retail companies in the Washington D.C. area and they raised a total of $100,000 dollars to conduct the first battle. In addition, they announced an alliance with the non-profit organization in Washington, DC, that has offered their legal consultancy to any local undocumented immigrants (sic: "illegal aliens") who need it.

"This foundation will help us initiate an educative campaign and to inform the community as to what is really happening in our ("illegal alien") community. This is a united struggle and we must now band together more than ever before," says Carlos Castro, owner of Todos Supermarkets.

Another one of the intentions of the coalition is to submit to local legislators concrete proposals to defend the rights of the immigrants (sic: "illegal aliens"). "To reach them, we must make an intense lobbying backed up by prepared lawyers and that is why we need monetary support from the local Herndon business community," asserted Castro. In addition to Carlos, they have gained the support of: Elmer Arias of the American-Salvadoran Chamber of Commerce, Jose Barahona, owner of Pollo Campero Chicken, Mariano Claudio of Pinnacle Financial & The Claudio Group, Jorge Figueredo of TPI Group, Inc., as well as Paul Kyle of King Wholesale, Inc., Ana Roos of Roos Food and Jose Luis Semidey of ERA Semidey & Associates, and they have made calls to other local Northern Virginia businesspeople to get united and participate in this alliance.

"We needed the moral support all the retailers of the area, for their time and participation, but at the same time we need money to reach all our objectives and to demonstrate to the authorities the strength of our people", expressed Castro.

The objectives of the coalition of retailers are to put an end to the political futures of anti-immigrants (sic: anti-illegal aliens) in the area, to support economic opportunities of Latinos, and to educate and to mobilize the Latino community of businesses, to educate the Northern Virginia authorities and legislators about the Latino community and to protect the economic interests of the Hispanics.

"We integrated this business coalition in area because we do not want to be limited in Prince William Countyl (note: a Virginia county which recently took anti-illegal alien action) We will obviously take care of these areas first, but the movement will be more widespread and assistance is urgent." Castro said.

Business interested in working on this coalition to support illegal aliens can call Carlos Castro at (703) 675-3318 or Mauricio Vivero at (202) 250-9966. This coalition will have as it main priority work against a series of anti-immigrant (sic: "anti-illegal alien") resolutions which are spreading in the Washington, D.C. metropolitan area suburbs of Virginia.

Specifically the past month of July, Prince William County approved a resolution to evaluate the possibility of denying certain services to the undocumented (sic: "illegal") people, as well as of forcing to the local sheriff to review immigration status of people. Later, Loudoun County took an example from neighboring Prince William County, but since then, other communities like Arlington County (authorities like Walter Tejada) "still nothing is law yet so we hope to follow the final decision of authorities of Prince William and Loudoun Counties." At the same time this coalition will have to evaluate the impact that these local efforts will have in the undocumented immigrant (sic: "illegal alien") community and its same businesses, regarding new crackdown rules on immigration announced Secretary of Homeland Defense, Michael Chertoff, last Friday."

(END OF TRANSLATION)

[AmericanInTokyo]

For Free Republic debate, discussion, education, and follow up action.

The US-based Hispanic press in this case, as almost always, commonly uses "indocumentado" or "immigrante" as euphemistic code to actually mean nothing more than "illegal alien", because those legally in the United States would suffer no legal penalties in the course of administration of the various new laws they, the US-based Hispanic press and illegal alien readership, are so apparantly desperately concerned about.

This movement to crack down and reduce sanctuaries is catching on, IMHO.

Freepers?

[AmericanInTokyo]

Ping!

[gubamyster]

ping

[AmericanInTokyo]

Thanks and bump to the top. (not to superced [recently arrested illeal alien] Elvira Arellano threads, though!)

[Man50D]

New anti illegal immigrations regulations? Here's one that's existed for some time and needs to be strictly enforced:


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.

[AmericanInTokyo]

Yes, we know already!! Cannot you post a link or just exerpt instead!? It would be really appreciated. It is important, but folks turn away from the new thread when they have to scroll through all of it. Thanks again. As the poster who did all the trouble of translating, I would like to make this personal request of you. :-)

[Hawk1976]

Every business owner in the area has a county business license. Perhaps the county needs to suspend those licenses pending a review of unlawful business practices by any business owner actively helping illegals.

[stephenjohnbanker]

“This movement to crack down and reduce sanctuaries is catching on”

Yes it is!

[AmericanInTokyo]

I think some I.C.E. raids of Pollo Campero (the chicken outfit which most likely employees illegal aliens in violation of law) over there in Northern Virginia, and other such facilities who are part of this RICO conspiracy-like action(s), is in the works—or could be easily. It can happen. With the flip of a switch.

[pulaskibush]

Great, another illegal immigration support group. There’s only about 1,000 such groups in the US, many of them with million dollar budgets. There’s probably about a dozen or so groups in Virginia.

These cowards should move to a third world country instead of turning America into one.

[freekitty]

Great idea Hawk1976. Good thinking. They are illegally in this country; so it stands to reason they operating businesses illegally.

[Man50D]

Yes, we know already!!

Unfortunately many people don't know based on the responses I am receiving.

Cannot you post a link or just exerpt instead!?

I could but people are less likely to read the full version if only a link or excerpt is provided.

It is important, but folks turn away from the new thread when they have to scroll through all of it.

That's interesting. I have received many positive responses from people who were not aware the Federal Immigration and Nationality Act existed.

I appreciate your polite responses to my posting this law more than once. With all due respect, the trade off to scroll for a couple of seconds to make people aware this law exists considering the major threat illegal immigrants pose to the safety of our country is worth the minor inconvenience

[AmericanInTokyo]

I am willing to listen to you. Maybe we can come to a compromise.

[SatinDoll]

Isn’t what they’re attempting federally illegal, as in a RICO transgression?

[Man50D]

I am willing to listen to you. Maybe we can come to a compromise.

I must admit I am a bit perplexed as to why this is an issue when no one else on any thread has expressed a similar concern. I respectfully believe posting the Federal Immigration and Nationality Act into any illegal immigration threads does not detract from the thread but instead compliments the thread.

[AmericanInTokyo]

Since there is nothing I can really do about it, I guess you win.

Please enjoy the thread.

[Man50D]

Since there is nothing I can really do about it, I guess you win.

Hopefully all of us will win if enough people become aware of the law.

Please enjoy the thread.

Thank you.

[Travis McGee]

Current federal law 8USC 1373(a) PROHIBITS SANCTUARY CITIES. It reads as follows:

"Notwithstanding any other provision of federal, state, or local law, a federal, state, or local government entity or official may not prohibit, or in any way restrict any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual."

QUISLING: a synonym for traitor, someone who collaborates with the invaders of his country.

U.S. Constitution, Article 4 Section 4:

"The United States shall guarantee to every State in this Union a Republican Form of Government,

and shall protect each of them against Invasion;"

---

Invasion: \In*va"sion\, n. [L. invasio: cf. F. invasion. See Invade.] [1913 Webster]

1. The act of invading; the act of encroaching upon the rights or possessions of another; encroachment; trespass.

[rabscuttle385]

Can we get a list of those Northern Virginia businesses that hire and support illegals?

Then, stop doing business with them.

[dalereed]

Shut up!!!!