Posted on 04/09/2009 4:14:32 AM PDT by Man50D
Arlington County in Northern Virginia will try to maximize its population number in the 2010 Census by counting illegal immigrants, and part of the reason for doing so is to capture some of the $300 billion in federal funds distributed to local governments each year based on census numbers. That’s what local officials, Census Bureau officials and documents, and Rep. James Moran (D-Va.) indicated at a meeting on Wednesday.
Moran and Census officials told CNSNews.com they are preparing to reach out to illegal immigrants by emphasizing that they have nothing to fear from the census because it does not differentiate between illegal and legal residents. They added that the information, by law, cannot be shared with federal agencies -- Immigration and Naturalization Services (INS) and Immigrations and Customs Enforcement (ICE) -- responsible for immigration enforcement,
“The only way we are going to get those adequate services in terms of the federal level is to show that we have that need, and the only way that we can show we have that need irrefutably is through this census coming up next year,” Moran told the meeting of community activists.
Moran, who spoke with CNSNews.com several hours after the meeting, also confirmed that there is push to include in the census illegal immigrants who are residing in his district.
“We are going to use every opportunity to communicate to them that there is nothing to fear about disclosing information and a lot to gain, and just hope they believe us,” Moran said.
“I think everyone here knows it’s important that everyone be counted regardless of what status they have in life,” said Walter Tejada, a member of the Arlington County Board, at the meeting.
Earlier this month, the acting director of the U.S. Census Bureau, Thomas Mesenbourg, told CNSNews.com that the bureau intends to work with community organizations to ensure that every person residing in the United States, including all illegal aliens in the country, are counted in the 2010 Census.
The current 435 seats in the House of Representatives are divided among the states in proportion to their population, which is determined by the census conducted every 10 years. States with more people get more seats in the U.S. House.
This means that a state harboring more illegal immigrants could gain more House seats as long as the Census Bureau finds the illegals and counts them. It also means that the illegal population in the United States during a census year has the potential to alter the regional and philosophical balance of power in Congress.
According to an information sheet distributed at the meeting, the census is also instrumental in determining how federal funds are distributed.
“The 2010 Census is important,” says the information sheet that was distributed by the Census Bureau. “It determines the distribution of $300 billion annually of government funding for critical community services. It generates thousands of jobs. And it impacts your voice in Congress.”
The sheet also assures participating organizations that, “by law, the Census Bureau cannot share any individual’s answers with anyone including welfare and immigration agencies.”
Bernadine Anthony, who is a partnership specialist and team leader for the Census Bureau, confirmed in an interview that people participating in the census have nothing to fear because the census does not differentiate between legal and non-legal residents, and the information will not be shared with other government agencies.
“That’s absolutely right,” said Anthony when CNSNews.com asked her if the census differentiated between legal and non-legal residents. “There is no differentiation at all … The information is not shared with any other federal agency, entity or business.”
Barbara Favola, chairman of the Arlington County Board, said that getting residents to understand that the information will not be used against them is difficult but important because of the federal funds at stake.
“Somehow people think, and this is because of legitimate experiences they have had in their life, that if I participate, it’s going to be shared with the INS or an agency I don’t want it shared with,“ said Favola. “Billions of dollars flow to local governments on formula grants and these formula grants always consider population.”
Favola said that “the people who may be nervous about participating in this effort” need to understand that federal money can make their community a lot “more livable” and more “friendly.”
In an exclusive interview with CNSNews.com later on Wednesday, Moran warned that if illegal residents are not accurately counted, locals will be on the hook for paying for the services they use rather than the federal government, and that such a situation could spark animosity.
“We are going to wind up paying for their social services, their health, and especially their education costs -- and we are going to get no compensation for it because you can’t ask the federal government to fund illusory people,” Moran told CNSNews.com when asked what would happen with federal funds if illegals are not counted in the census.
“We are going to spend the money anyway, but if we don’t get an adequate turnout and representative sample then we are going to have to take the money from local property taxes, which causes resentment and means you have to cut back on other programs -- so it’s terribly important,” he said.
Moran also said that while the skewing of congressional districts due to illegal residents being counted in the census is an issue of “some concern,” it is not of primary concern.
“I am just concerned that every human being in need that we have any kind of responsibility for gets served, and the issue of whether illegal or not is not my first concern,” said Moran. “It’s of some concern, but its certainly not my highest priority.”
Moran said he considers himself to be a representative of all people living in his district, both legally and illegally alike.
“I consider myself to be a representative of everyone who lives within the boundaries of the 8th District and I’m going to try to do everything that is humanly possible to see that they live productive, healthy lives and, to the extent that I can, get them the citizenship,” said Moran.
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.
...yeah sorta like when you took the office oath, to protect the citizens and Constitution of the United States
Unless some of us decide to work for the census and turn in illegals.
The messiah will forgive their sins and Juan McAmnesty will welcome the millions of new democrats with open arms.
That is a great idea----ANYONE who is aware of illegals and does not turn them in is breaking the law and could be charged with aiding and abetting.
Here's a bit to chew on:
FREEPER FIRST PERSON ACCOUNT: "I directly witnessed Hispanics ‘coach’ other Hispanics to dupe California census takers ..... to inflate Hispanic numbers at the address, to make up names or refer to Hispanics living elsewhere as living at that address...."
"The con was to gain more budget allocations and political representation for Hispanics. That was 19 years ago. I learned later that the this con game was occurring in all Hispanic communities throughout the West. " Providing false information to a census taker is a violation of federal and state law.
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The frauds just keep on a-coming.....thanks to the Mexican government. QUOTING CONG TOM TANCREDO: “I’ll never forget a conversation I had two years ago in Mexico with Juan Hernandez, who headed up the newly-created "Ministry of Mexicans Living in the United States." Hernandez is a very interesting fellow, a dual citizen of the United States and Mexico, and a good friend of presidents Bush and Mexico's Vicente Fox (and John MacCain's Hispanic outreach man).
I asked Hernandez about the purpose of the government agency he heads. He said its purpose is to increase the flow of Mexican nationals to the United States.....to serve Mexico’s needs.........remittances to Mexico of $10 billion a year (30% of the Mexican GDP); employment for an exploding population, alleviating social instability due to rising unemployment; AND it providing free training for Mexicans, who are expected to repatriate those skills (paid for by US taxpayers) back to Mexico.
"Then your government would oppose amnesty?’’ Tancredo asked. Hernandez replied: "We support amnesty totally. By populating the United States with millions of Hispanics tied economically, politically and linguistically to Mexico, we are able to exert enormous influence and pressure on US policy and its dealings with Mexico."
SOURCE http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=33894
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THE LATEST RIPOFF The bogus Mexican "drug war" is creating a new class of illegal connivers........"refugees" seeking "political asylum" in the US.
This classification was once reserved for those claiming religious or political persecution. Now Mexican are pouring into the US whining about "persecution"......another way to collect US govt freebies.
THE RIPOFF UP CLOSE Social Security provides outrageous government aid to "refugees" claiming "persecution." Keep in mind these people never paid a dime into the SS system; yet, they can collect seven years straight and can get extended payments if they are politically well-connected. The SS checks to these "persecuted refugees" can amount to $1000 a month and more.
NOTE WELL Some of these suckups are wealthy people whining about "persecution", squatting on US soil, intent on draining the US treasury.
ACTION NOW Call your reps and demand these payments and the "persecuted refugee" classification be stopped.
Seeking out illegals to bolster your House representation sounds like “recruitment” to me.
But who has the controlling legal authority to arrest these Congressmen?
“the information will not be shared with other government agencies.”
This is BS. Right? It’s actually used by many different agencies and orgs.
http://www.census.gov/epcd/www/ec97use2.htm
Nothing will happen to the illegals, Dems want them (will use them) so they can change the districts.
Easy census in an illegal dominated neighborhood: drive by the property and count the bicycles. Multiply by three.
Obuma’s running it. Phooey on the whole damned thing.
It’s time to start a disinfo campaign in the illegal community. We have to make them believe that ACORN census workers are undercover ICE agents, rather than their ultimate enablers.
But ACORN will just invent numbers that suit them anyway, like they did with voter registrations...
Counting illegals is going to eliminate doezens of republican congressional districts. This is about permanent democrat majority in America.
We need some LEGAL people to stand up against this for the American people!!!!
WHERE ARE YOU PEOPLE???
Ping!
Ping
Yeah, we only need their addresses so we know where to send their Democrat voter registration forms.
Unless some of us decide to work for the census and turn in illegals.
____________
There you go! :)
What is it about “illegal” that Moran doesn’t understand?
Someone tore the page with the word “illegal” out of his dictionary.
I can’t fathom why this f*ckwit doesn’t retire from Congress so he can go devote more energy to his favorite pastime of choking little Black children.
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