Dems want to attach amnesty provision to immigration enforcement bill

OneNewsNow.com ^ | 3/19/2008 | Jim Brown

[Delacon]

The discharge petition has 181 signatures to have the border security/enforcement bill come to the floor for a vote. It needs just 35 more congressmen to force a vote. Don't let the dems attach amnesty provisions. Contact your congressman and ask them to sign the petition before the dems act. If you don't know if your congressman has signed yet or not, here is the list from NumbersUSA.

Signers of Discharge Petition to Bring SAVE Act to House Floor - 181
House Democrats (9)	House Republicans (172)
(Ga.) – Rep. Barrow (Ind.) - Rep. Ellsworth (Ind.) - Rep. Donnelly (Kan.) – Rep. Boyda (Miss.) - Rep. Taylor (N.C.) – Rep. McIntyre (N.C.) - Rep. Shuler (Pa.) - Rep. Carney (Texas) – Rep. Lampson	(Ala.) - Rep. Aderholt (Ala.) - Rep. Bachus (Ala.) - Rep. Bonner (Ariz.) - Rep. Flake (Ariz.) – Rep. Franks (Ariz.) – Rep. Renzi (Ariz.) – Rep. Shadegg (Ark.) – Rep. Boozman (Calif.) - Rep. Bilbray (Calif.) – Rep. Bono-Mack (Calif.) – Rep. Calvert (Calif.) - Rep. Campbell (Calif.) - Rep. Doolittle (Calif.) – Rep. Dreier (Calif.) - Rep. Gallegly (Calif.) - Rep. Herger (Calif.) – Rep. Hunter (Calif.) - Rep. Issa (Calif.) – Rep. Lewis (Calif.) – Rep. Lungren (Calif.) - Rep. McCarthy (Calif.) - Rep. McKeon (Calif.) - Rep. Miller (Calif.) – Rep. Rohrabacher (Colo.) – Rep. Lamborn (Colo.) - Rep. Musgrave (Colo.) - Rep. Tancredo (Conn.) – Rep. Shays (Del.) – Rep. Castle (Fla.) - Rep. Bilirakis (Fla.) - Rep. Buchanan (Fla.) – Rep. Brown-Waite (Fla.) – Rep. Crenshaw (Fla.) – Rep. Feeney (Fla.) – Rep. Keller (Fla.) - Rep. Mack (Fla.) - Rep. Mica (Fla.) - Rep. Miller (Fla.) - Rep. Putnam (Fla.) – Rep. Stearns (Fla.) – Rep. Weldon (Fla.) - Rep. Young (Ga.) - Rep. Broun (Ga.) – Rep. Deal (Ga.) – Rep. Gingrey (Ga.) – Rep. Kingston (Ga.) – Rep. Linder (Ga.) – Rep. Price (Ga.) - Rep. Westmoreland (Idaho) - Rep. Simpson (Ill.) – Rep. Biggert (Ill.) – Rep. Kirk (Ill.) – Rep. LaHood (Ill.) – Rep. Manzullo (Ill.) - Rep. Pence (Ill.) - Rep. Roskam (Ill.) - Rep. Shimkus (Ill.) – Rep. Weller (Ind.) – Rep. Burton (Ind.) - Rep. Buyer (Ind.) - Rep. Pence (Iowa) - Rep. Latham (Kan.) – Rep. Tiahrt (Kan.) - Rep. Moran (Ky.) – Rep. Davis (Ky.) – Rep. Lewis (Ky.) – Rep. Rogers (Ky.) - Rep. Whitfield (La.) - Rep. Alexander (La.) - Rep. Boustany (La.) – Rep. McCrery (Md.) - Rep. Bartlett (Md.) - Rep. Gilchrist (Mich.) - Rep. Camp (Mich.) - Rep. Hoekstra (Mich.) - Rep. Knollenberg (Mich.) - Rep. McCotter (Mich.) - Rep. Miller (Mich.) - Rep. Walberg (Minn.) – Rep. Bachmann (Minn.) - Rep. Kline (Minn.) - Rep. Ramstad (Mo.) – Rep. Akin (Mo.) - Rep. Blunt (Mo.) – Rep. Emerson (Mo.) – Rep. Graves (Mt.) - Rep. Rehberg (Mo.) – Rep. Hulshof (Neb.) – Rep. Fortenberry (Neb.) – Rep. Smith (Neb.) – Rep. Terry (Nev.) - Rep. Heller (Nev.) - Rep. Porter (N.J.) - Rep. Ferguson (N.J.) – Rep. Frelinghuysen (N.J.) – Rep. Garrett (N.J.) - Rep. Saxton (N.J.) – Rep. Smith (N.M.) - Rep. Pearce (N.Y.) - Rep. King (N.M.) – Rep. Wilson (N.C.) - Rep. Coble (N.C.) - Rep. Foxx (N.C.) – Rep. Hayes (N.C.) – Rep. Jones (N.C.) – Rep. McHenry (N.C.) – Rep. Myrick (Ohio) - Rep. Jordan (Ohio) - Rep. Boehner (Ohio) - Rep. Chabot (Ohio) – Rep. LaTourette (Ohio) – Rep. Latta (Ohio) - Rep. Regula (Ohio) - Rep. Schmidt (Ohio) - Rep. Turner (Okla.) - Rep. Cole (Okla.) - Rep. Fallin (Okla.) - Rep. Lucas (Okla.) – Rep. Sullivan (Ore.) – Rep. Walden (Pa.) - Rep. Dent (Pa.) - Rep. English (Pa.) - Rep. Gerlach (Pa.) – Rep. Murphy (Pa.) - Rep. Peterson (Pa.) – Rep. Pitts (Pa.) - Rep. Platts (Pa.) - Rep. Shuster (S.C.) – Rep. Barrett (S.C.) – Rep. Brown, Jr. (S.C.) - Rep. Ingliss (S.C.) - Rep. Wilson (Tenn.) – Rep. Blackburn (Tenn.) - Rep. Davis (Tenn.) – Rep. Duncan, Jr. (Tenn.) – Rep. Wamp (Texas) - Rep. Barton (Texas) - Rep. Brady (Texas) - Rep. Burgess (Texas) – Rep. Carter (Texas) – Rep. Conaway (Texas) - Rep. Culberson (Texas) - Rep. Gohmert (Texas) – Rep. Granger (Texas) - Rep. Hall (Texas) - Rep. Hensarling (Texas) - Rep. Johnson (Texas) – Rep. Marchant (Texas) – Rep. McCaul (Texas) - Rep. Neugebauer (Texas) - Rep. Poe (Texas) – Rep. Sessions (Texas) – Rep. Smith (Texas) - Rep. Thornberry (Utah) - Rep. Bishop (Utah) - Rep. Cannon (Va.) - Rep. Cantor (Va.) – Rep. Davis (Va.) - Rep. Drake (Va.) - Rep. Forbes (Va.) – Rep. Goode, Jr. (Va.) – Rep. Goodlatte (Va.) – Rep. Wittman (Va.) - Rep. Wolf (Wash.) – Rep. Reichert (Wis.) - Rep. Petri (Wis.) – Rep. Ryan (Wis.) - Rep. Sensenbrenner (Wyo.) – Rep. Cubin
Click here for official Discharge Petition signer list.

[Delacon]

ping

[levotb]

This push by the House Dems should show Republican conservatives and Indy cons that they should refrain from voting for President in November so that the House has a chance of going back to the GOP and conservatives, most importantly who will keep Amnesty from passing. A McLame Presidency guarantees Amnesty and destroys the country.

[Delacon]

“This push by the House Dems should show Republican conservatives and Indy cons that they should refrain from voting for President in November so that the House has a chance of going back to the GOP and conservatives, most importantly who will keep Amnesty from passing. A McLame Presidency guarantees Amnesty and destroys the country.”

I don’t understand your logic. We handled pro-amnesty Bush and congressional “immigration reform” nicely last summer. And that was when they counted on the American people to not be paying attention. Now we are paying attention, and have pulled enough congressmen up by their short and curlies that we have more than enough of them actually working for our interests. We can handle McCain. What we can’t handle is either a veto proof congress or a dem president and a dem house and senate. Vote republican and PARTICIPATE.

[neverdem]

A McLame Presidency guarantees Amnesty and destroys the country.

There's no such guarantee. Having Obama or Clinton as president is like a choice between Stalin or Trotsky.

[apocalypto]

Here we go again!

[bert]

He’s dead Jim.

When you see pink ooze on your stick, it’s time to stop beating a dead horse.

[Cacique]

btt

[Delacon]

Confused(easily and often). Whats the dead horse that you refer to?

[bert]

.....A McLame Presidency guarantees Amnesty and destroys the country.”......

[Delacon]

So are you agreeing or disagreeing with the intrepid levotb that it is better to have Obama or Hillary than McLame? Still confused.:)

[Man50D]

The legislation, sponsored by Congressmen Heath Shuler (D-North Carolina) and Brian Bilbray (R-California) would beef up border security, as well as crack down on illegal immigrants and employers who hire them.

Attempting to pass anymore illegal immigration related legislation is ridiculous considering we already have immigration laws. This bill presents the opportunity for granting amnesty to illegals. Strictly enforcing the following law prevents that from happening.

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.

[Delacon]

“This bill presents the opportunity for granting amnesty to illegals. Strictly enforcing the following law prevents that from happening.”

How so? This bill is designed to take many amnesty efforts off the table. See, if this bill passes, no amnesty bill could gain enough support to pass afterwards. That is why dems are holding it up and are attempting to include amnesty provisions. Poll after poll indicates that border security and things like workplace enforcement have a majority of the people in support. Poll after poll indicates amnesty of any kind does not. Thats why pro amnesty dems are holding the Save Act in committee. It would pass easily on the floor on its own. I am with you in your lament “if only they would enforce the laws on the books” but they just wont. US history is filled with the government passing legislation that is redundant yet puts things over the top for achieving its ends. The Civil Rights Act comes to mind.

[Man50D]

Per the article you posted "Those legislators, she argues, realize that the only way to get any form of amnesty or increase in visas for temporary or permanent workers is to attach it to an enforcement measure. "

I am with you in your lament “if only they would enforce the laws on the books” but they just wont.

They will not pass any future immigration laws if they refuse to enforce existing immigration laws. You're "just won't" reason is too vague to be considered a valid reason not to enforce current immigration laws. They have been enforcing them to a limited extent because the people roundly rejected Congress passing amnesty legislation this past summer. Our efforts would be better spent putting more pressure on them to enforce existing laws instead of new laws they will treat with the same approach as current laws.

[Delacon]

“Our efforts would be better spent putting more pressure on them to enforce existing laws instead of new laws they will treat with the same approach as current laws.”

I disagree. We are on the same side on this issue but how would you propose that we exert new pressure to get the old laws enforced? Ones that haven’t already been attempted since the last “immigration reform” bill was passed back in 1986? I agree with the idea that we should pass new legislation to exert pressure. What do you propose?

[Man50D]

We are on the same side on this issue but how would you propose that we exert new pressure to get the old laws enforced?

We need to exert more pressure, not new pressure. More people need to contact their Senators and reps on the state and federal level to remind them of existing immigration laws and demand they do their part to make sure they are enforced.


I agree with the idea that we should pass new legislation to exert pressure.

Passing more immigration laws will only result in more inaction on the part of Congress. The outcry against amnesty this past summer sent a clear message to lawmakers it's time to enforce current immigration laws. The problem was the effort wasn't sustained.

What do you propose?

I stated the proposal in my previous post to you. We need to ramp up and maintain the pressure.

[Delacon]

Again I disagree. The “outcry” only goes so far. Yes, it stopped the “reform” bill last summer but thats all it did. Its been my experience that legislators only act with reference to their re-election prospects. Toward that end, one has to get them on record. They can’t carry in their pocket and can ignore those that demand they request that they “urge” law enforcement to enforce the laws. They have to be able to show that they recently voted in favor or against a law or not. This can’t be more clearer than in the amount of dems that co-sponsored the Shuler bill. Over 90 dems co-sponsored the bill but now that it may become law, only 9 of them signed the petition to have a floor vote. NOW we know exactly where they really stand. Those dems who didn’t sign the petition on record and we can put real pressure on them come election time.

[Politicalmom]

PING!!

FReepmail to be added to the Congress Watch Ping List.

[HoosierHawk]

Thanks for the ping. I'd contact my own rep, but he's Democrat who takes money from big business, labor unions and trial lawyers...

[Delacon]

“Thanks for the ping. I’d contact my own rep, but he’s Democrat who takes money from big business, labor unions and trial lawyers...”

Still contact your rep. It can’t hurt. More than that, if he/she is up for re-election, in a purple or red state, definitely tell em where you stand. Those reps are looking for which way to jump on this issue.