Immigrants, Supporters Pour In For ID (New Haven Mayor Congratulates Illegals For Their "Courage")

When City Hall opened its doors for the first members of the public to sign up for the city’s controversial new ID card, so many people showed up that the line — including many undocumented immigrants— still snaked down the hallway at closing time.

By day’s end, officials reported that 250 people signed up for their Elm City Residency Card. The office stayed open an hour later to accommodate some of the extra crowd; others were told to return on Wednesday.

Visitors signing up for the city’s new Elm City Residency Card passed through a gauntlet of protesters on the way into City Hall. The line included undocumented Mexican immigrants, like Jaime Rojas and (pictured with Ruby Diaz), who saw the card as an “opportunity” for a safer life.

Mayor John DeStefano, Jr. commended undocumented immigrants for their “courage” in enduring the suburban hecklers on their way in. “Tell me who represents the best of America — who’s outside or who’s inside,” he said.

Organizers called the turnout a success: “There were a lot more people than we expected,” said mayoral staffer Emily Byrne.

The office, on City Hall’s first floor, will be open from 9 a.m. to 2 p.m. on weekdays for people wishing to obtain a card.

After a soft launch Monday, city officials kicked off the program officially Tuesday morning with a ribbon-cutting at the new Office of New Haven Residents inside City Hall. The new ID card, available to all city residents regardless of immigration status, facilitates access to a range of municipal services and serves as a photo ID.

The city created the program because U.S. legislators “don’t have the will to pass a coherent border strategy,” the mayor said Tuesday. Instead legislators have allowed immigrants to move here, but forced them to be “invisible,” said the mayor.

The card, which offers a range of services to people of all ages, was conceived as a symbolic gesture of recognition and a way give immigrants acceptable ID to open bank accounts, so that they won’t be easy prey for robbers. DeStefano urged those who live in the city to support one another by getting the card.

Service to one another to help one another, more than waving the American flag, defines the spirit of the American soul,” said the mayor (pictured), alluding to the flag-toting protesters outside who denounced immigrants as a threat to American jobs.

Would the card bring an influx of new immigrants to the city? reporters wanted to know. DeStefano said immigrants move “not for a piece of plastic, but for the opportunity to work.”

West River Alderman Yusuf Shah heralded the program: “We believe that services should be given to everyone equally, to everyone.” Two days after aldermen approved the ID plan with an overwhelming 25 to 1 vote, federal immigration agents swept the city, arresting 32 people whom they charged were illegal immigrants. In the terror that followed, parents were afraid to leave their homes to pick up their kids from school. Some said that sense of fear would scare immigrants away from signing up for an ID.

Pasqual Rojas who came here illegally from Mexico 14 years ago, said he wasn’t afraid. “I want to be part of New Haven,” he said in Spanish. The card would be signify “they respect us as citizens of New Haven.”

Many of the immigrants who showed up said they were encouraged to come by Father Jim Manship of St. Rose of Lima Church in Fair Haven.

As protesters outside argued over whether illegal immigrants were stealing low-paying jobs from American citizens, the Rev. Boise Kimber stood inside awaiting his ID. He didn’t see illegal immigrants as a threat to those in poorer neighborhoods of the city. “We rely on them to do jobs that no one else desires to do,” he said. Kimber said he was supporting the ID because “it is every religious leader’s moral obligation to stand up for the disenfranchised… I do not want people to suffer as African-Americans did when they came to this country.”

"If you look on the coin, it says ‘E Pluribus Unum’ — so they’re right on the money!” said Yale Law School Dean Harold Koh (pictured at left) before snapping a photo for his city ID. The Yale Law School, through professors Bob Solomon and Mike Wishnie and the Yale law clinics, has pledged to represent the city in any legal battle over the ID.

Of those who oppose the plan, Koh said: “I’m not sure how their life is diminished by people being able to prove they’re part of the city.”

Lou Gold is part of a group that claim the ID is a conspiracy hatched by the mayor to profit from a new community bank. Gold stood in line anyway because his friend, Mike Buchina (pictured at right), thought an ID card would help him open a bank account.

The group claims DeStefano will profit from the ID because he is on the board of directors at the First City Fund Corp, a $25 million fund formed as a benefit to the community when the New Haven Savings Bank got converted into NewAlliance Bank. The mayor said he would probably sit on the board of directors of the new community bank, which has agreed to let patrons open a new bank account using the Elm City ID.

DeStefano dismissed the issue as a bogus argument veiling underlying bigotry. “There is no compensation whatsoever” to board members, he said. “[Protesters] are afraid to articulate their ignorance and their prejudice about this population, so what they do is they lie. They lie, and they cloak themselves in the American flag as they do it.”

We need to learn to play the same games the liberals and the illegals play.

Below is a better game to play.

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.

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