The Arizona Rancher should use this procedure to protect his property.
In 1996, Congress expanded the Racketeer Influenced and Corrupt Organizations Act (RICO) to include violations of federal immigration law.
1 While this expansion may not have received much publicity, it could potentially change the face of U.S. immigration law enforcement. Under the new RICO provisions, a violation of certain provisions of the Immigration and Nationality Act (INA) meets the definition of racketeering activity, also known as a "predicate offense,"
2 and an entity that engages in a pattern of racketeering activity for financial gain can be held both criminally and civilly liable.
3 Among other things, the INA makes it unlawful to encourage illegal immigration or employ illegal aliens,
4 which violations were included as predicate offenses under RICO.
The 1996 law changes in the INA made hiring illegal aliens a predicate act of racketeering activity under RICO, but illegal hiring wasn’t the only violation of the INA made a predicate act. Other INA prohibitions made RICO predicate acts were encouraging or inducing illegal immigration, smuggling, and harboring illegal aliens.10 Together, these additions make the RICO Act potentially a very strong new tool in the hands of private parties against persons and companies that profit by violating U.S. immigration law.
Additionally, the RICO provision regarding the unlawful encouragement of illegal immigration could justify a suit against a private entity, such as a bank, that accepts foreign-issued identification cards that are only needed by illegal aliens. One example of this, of course, is the matricula consular issued by the Mexican consulates in the United States.
Since both the supporters of the matricula and those who oppose its acceptance agree that only illegal aliens have need to rely on the card, acceptance of the card knowingly encourages illegal immigration. Part of the legislative intent of the RICO laws in general was to afford private citizens a remedy for lawbreaking when authorities normally charged with such enforcement became derelict in their duties.
For example, in a town in which political corruption and racketeering activity have combined to the detriment of law-abiding citizens and the rule of law, the RICO Act was intended to provide private citizens the ability to initiate court action to compel enforcement and respect for the law.
David Hinojosa, southwest regional counsel for the Mexican American Legal Defense & Educational Fund (aka: MALDEF), which represented the plaintiffs in the suit against Barnett,After the Ninth Circuit Court’s ruling, MALDEF released a statement that said: “Today's ruling sends the strong message that vigilantes will not be tolerated in Arizona.”
So Barnett is a "vigilante"? Oh really. I guess Señor Hinojosa never heard of Property Rights. Like 'Private Property, No Trespassing, KEEP OUT'.
And I have news for Señor Hinojosa, there's a Warning sign I saw that I've been meaning to get which would apply to these illegals, or any 'trespassers'. It goes something like:
Warning! If I Find You Here TonightWe have allowed to have these enemies within like this MALDEF and the SPLC working to destroy the USA and the centuries old concept of Property Rights. Per these traitors all land that adjoins OUR southern border is 'free range'. Open for anybody to do anything they want. And I assume that if the illegals find a spot on someone's ranch and liked it, they could build a cabin and SQUAT there and let the Gringo pay the taxes and clean up costs. And even provide indoor plumbing Free of Charge! (not that any of these people would know what to do with it)
You'll Be Found Here In The Morning
You made great points. I also believe Sheriff Arpio has been able to charge illegals with the act of smuggling themselves into the country. If the way Arpio has been handling it has been to court and stood up in court then each and every illegal that Barnett held is guilty of smuggling an illegal into the country. Arpio started charging them this way because when groups are caught they won’t tell who the smuggler is.