Posted on 04/25/2010 3:28:58 PM PDT by Biggirl
Phoenix Mayor Phil Gordon says seniors, kids and out-of-staters should be wary of the Arizona immigration bill signed into law this past week -- warning that it puts them at risk of being arrested.
The law makes illegal immigration a state crime. It gives police the authority to question people about their immigration status and arrest those who cannot show documentation to establish their legal residency.
(Excerpt) Read more at foxnews.com ...
OTOH, obama better stay away from AZ because he may have to prove his citizenship. LOL
Yeah
It is why you crackdown on this before it becomes so prevalent.
There is plenty of elderly and children who were born there who’ve had their lives destroyed because of illegal immigrants not following the law.
Hell I’d say this whole crap is an attack on the American way of life by people who have no respect for it.Ultimately it has to be defended,no matter what the cost is to anyone out there.
Shilling for Pro-illegals again I see.
Legal Dictionary > Reasonable suspicion > definition
Reasonable suspicion
Definition - Noun
: an objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time
see also reasonable cause at cause
compare probable cause at cause terry stop
A police officer stopping a person must be able to point to specific facts or circumstances even though the level of suspicion need not rise to that of the belief that is supported by probable cause. A reasonable suspicion is more than a hunch.
***************************
I’ll tell you how I can be comfortable with this. No LEO in Arizona or anywhere else in this country performs his duty without scrutiny- from his supervisors all the way up to the courts. Reasonable suspicion is not up to the individual officer it must meet standards. You do realize that not only in Arizona but in many states this is the same standard applied to enforce any law from murder investigations to DWI? Reasonable Suspicion is a legal term.
Think about why you are questioning this, when it seems you have not questioned all the other laws being enforced daily not only in Arizona but across the nation using the same standards? Could it be that the media and liberal liars have artfully sold this concern to you?
My daughter was rear-ended by a hit and run driver and it totaled her car. The police officer at the scene said it was likely an illegal- and it was just “part of their culture” as if we should be understanding. Say What? It is part of their culture to hit and run? The officer said it as if it was ok for them to do such things.
That's why Phil Gordon wants this law gone.
Arizona won’t be deporting anyone. The illegals will be turned over to INS for processing. You have no clue whats in this law, do you?
This statement says all a person needs to know about you, it labels you as a died in the wool liberal. The race baiting statement alone pretty much says you are either
A:)a liberal stooge
or
B:)an illegal or the relative of an illegal.
The law Arizona has passed is supported by 70% of the citizens of Arizona. It is a state law and if it is a bad law(which it is not)it will soon be overturned. The fact is, anyone who is against this law is against the rule of law. States have every right to enforce laws within their borders, the constitution gives them that right, they have the right to resist invasion by another country and illegals, regardless of where they are from, are invaders, simple as that. This law does NOT single out Mexicans or other so called "latin or Hispanic" individuals. Have a driver's license? Then you most likely will be fine as long as the license isn't forgery. Not a citizen and have a green card? You will not be arrested during a traffic stop. This law doesn't allow cops to go around checking people at random, but it does give Arizona the authority to police their own state and run illegals out of the country.
Here's another clue for you: If you don't live in Arizona it is none of your business, if you do live there and don't like the law, either work to have it changed or move. Simple, huh?
“States have every right to enforce laws within their borders”—as long as they are constitutional. There are a number of arguments against this law’s constitutionality: fed govt. field preemption, vagueness, and equal protection violation as applied. I’m not sure what will succeed and what will fail, but that founding document makes it not quite as cut-and-dry as you would like.
This post contains LAW regarding employers, etc.:
To: markomalley
“These are substantial requirements that will make sure this population gets right with the law,” Napolitano said. “It will help fix our broken system.”
Janet’s dirty little secret is that the only break in the system is refusing to enforce existing immigration laws. Hey Janet, you can get right with the law by simply enforcing the existing Federal Immigration and Nationality Act!
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.
21 posted on Friday, November 13, 2009 4:15:25 PM by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
The objections to this law are all a crock-especially the whine about racial profiling-”Hispanics” are an ethnic group, not a “race”-there are black, native American and white Hispanics, with most of us here being a mixture the second and third-we come in all colors. My Hispanic family has lived in what is now Texas for well over 200 years, but any reasonably well-groomed mojado does not look any different than my brother, cousins, or me-the only way to tell who may be illegal is to hear the suspected person speak-the illegal likely doesn’t speak English-duh! If they don’t speak English, then ask for an ID-is that “language profiling?”
This protesting is just more bulls*** to legitimize people who have committed the crime of sneaking into this country illegally.
McLettuce’s ads are running all day on all the local channels. Quiet music, softened pictures of him, soft voice telling how he has always been there for the people of Arizona. They all end with the same thing: “Vote for John McCain. Because character matters!”
I haven’t seen ONE commercial run by J D Hayworth. People who don’t do their own research, and believe only what paid commercials say, will be voting for the man who has “Character”........
Is the mayor actually saying that no seniors, women or children should ever be arrested in Arizona for any crime? Or is he saying that only illegal hispanic seniors, women and children get a “get out of jail free” card?
And to think these airheads have passed themselves off as serious adults.
There was a story in NJ last week involving an animal rights group and a private attorney who also served as my township attorney. In his private citizen role he was shooting live pigeons at a gun club in PA. In other words live pigeions are used instead of clay “pigeons”. This is a perfectly legal sport in PA.
Somehow the protesters got onto the range and were screaming at the shooters. One of them got into this lawyer’s face and he let loose with string of epithets.
Our offended animal rights wackos demanded an apology and that the township fire him from his town attorney position. The reason these nuts thought he should be fired was because he received tax payer money.
Hayworth needs 2 million more to compete. If he doesn’t get it, he will lose. Palin is still running her radio ad for McCain.
I wonder where McCain gets all his money? (wife?)
Those ads are not cheap - and I think they are playing every half hour on every channel. Every time I use the remote to get rid of him, there he is on another channel!
McCain had 5.6 million to run on 4 months ago, and Palin did a fundraiser at the Biltmore for McCain as well.
Is the Phoenix Mayor afraid of border enforcement?”
Apparently-—makes me wonder just how many members of his extended family are here illegally????
Another Mayor who cannot keep his pants on—girlfriend—inside of the mayor’s office?
Just what voters loved to learn about their married Mayor in Los Angeles.....
Both of them are evil.
The outcry will be great if “innocents who can’t readily prove it” are apprehended in large numbers””
Maybe after a few of them spend time in the graybar hotel, they will see the wisdom of having correct proof or they will move back south of the border.
No sympathy in this house for the ones who broke the law just to get here.
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