"Any person who . . . encourages or induces an 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 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 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 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 alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an 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 verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the 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 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 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 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.
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.
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 additon 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.
All of the above extracted from:
Please inform your elected officials at all levels of the government of these provisions and ask what they are going to do about enforcement? If they fail and one has the funds... initiate RICO act law suites and demand huge damages... against individal members of the government and private organizations involved in aiding and abetting illegal immigration.
America is under attack... it is being invaided by illegal aliens... massive numbers are seeking to overload our economy and government institutions in an effort to collapse our system of government. This is a type of asymetrical war and needs to be recognized and called what it is WAR. It is time to put Mexico and all of Central America on notice ... America is no longer going to look upon the invasion as the mere migration of their poor, it will be seen as a deliberate attempt to subvert our economy and in turn our govenment.
When one , in objectivity, and without either biases or rancor, takes an honest look at what our government does or allows, then one can only come to the fair conclusion that both houses of congress are RICO Enterprises, and are aided by the courts, rather than restricted by true justice and common decency.
The Rule of Law is meant to function as the wall to prevent illegal entry. Without it the Nation is wide open, and even welcomes illegal entry rather than preventing it, and punishment (deportation) has been transformed into ludicrous acts of legality such as DACA and other rewards designed to water down the Constitution and confuse the public as to the clear meaning of right and wrong.
If Illegal immigration is right and justifiable, then everything else is too, and the law is dead indeed.
The Nation will be lost because we allow it to be lost.
Let us not become confused on who is responsible for enforcing the law and who brought us to where we are... vigilantism is not the problem... The lack of professional and political will to enforce the law is the problem. Members of the DOJ/Administration, Congress and the Judiciary, are the problem. Officers of the Court and the Police (federal and local) are the problem... they are paid to have the political an professiona will to ENFORCE ALL OUR LAWS ... but refuse to do so.
The people are unable to voice their objections in many cases for fear of direct retaliation in many venues ... loosing their jobs, being oustrasized in the local community, facing personal insults and redicule, and violence... these all serve to drive most individuals underground with their objections.
Our Nation and its leaders lack both the will and the resolve to tear down the walls of injustice and bigotry on the LEFT.. It may well take REVOLUTION to purge Congress of the thieves and criminals in charge of our government.
The fallacy of the founders was in thinking that the government they designed would represent the people for which it was designed. Ben Franklin was apparently alone when asked what their efforts had produced, stating, " A Republic Madam, IF you can keep it."
Obviously, we are not keeping it. What Franklin did not elaborate on was how the people could go about keeping something when they had absolutely no power to do so.
I know, people will say we have the power of the vote. Yet the vote is powerless. We vote for those who are presented to us as candidates. The people have no choice of their own. Our vote, then, is a controlled vote, not a free choice, but a choice of what is offered to us. So what good is it as a tool to "keep the Republic" as Franklin admonished us to keep? You cannot "keep" something that was never yours to "keep".
The government we have represents only themselves, participants, and those who finance their elections. The public at large is fodder, filler, like rice in a pot of stew.
All governments, in the history of man, ultimately fail. All.
Being perpetually pissed off doesn't seem to help.
Choosing between the lesser of evils at election time is not a choice ... Our elections are manipulated/rigged to perpetuate the ruling class. We must reform our electoral process... with term limits and restrictions on campaigns: Shorten them to 90 days. place limits on spending, and establish checks on the bias in the MSM (provide equal air time).
Our elections have become a ruse to justify tyrants... managed outcomes heralded as proof that the People have consented to be governed. Our elections are not just rigged... they are so poorly rigged and managed, that their outcomes are embarrassments to liberthy and the democratic process. I am reminded of a vulgar but applicable statement regarding elections.. " Don't piss on me, and then tell me its raining and expect me to believe you".
The people have not held the franchise on their elections for decades... and they are fed up of being pissed on and told it is only rain. Revolution is brewing in the streets ... it is no longer merely in the basements of our homes.
amen and we are almost at that moment it is close
hard to save a republic when you think it's a damn democracy and too stupid to know the difference. I just ended my trials with Tucker Carlson. I have heard him 30 x announce we are a democracy. I have written on his fB page 4x, he either doesn't read his own site or doesn't give a damn.
Then i imagine we best do more yes
if we are to keep the republic and voting is not enough maybe we need to be what david hogg hitler is A BULLY BUT FOR OUR CAUSES
MARCH LIKE THEY DO
SCREAM AND YELL IF NEED BE
RALLIES AND MORE
CONSTANT EMAILS TO CONGRESS
AND VOTE VOTE THE VERMIN OUT OF OFFICE
WE HAVE TO TAKE THE TIME NOW OR LATER
There Are more Conservative voters in America then FAR Left fringe wack-job liberals like Jerry Brown, Bill Deblasio, Gavin Newsom,THE COMOS-All, Katherine Brown Oregon, Jay Inslee Washington St, AND MANY MORE WHO SHOULD BE IN RETIREMENT.
The problem in California isn't the Governor Its EVERY DEMOCRAT GOVERNMENT OFFICIAL, IN EVERY CITY BIG OR SMALL, EVERY COUNTY EVERY STATE REPRESENTATIVE, & SENATOR THAT MAKE IT IMPOSSIBLE FOR ANY TYPE OF REPUBLICAN RULED BY FEDERAL LAW INSTEAD OF FEELINGS HERE, FROM BEING ABLE TO TAKE HOLD AND FLOURISH AS IT DID.......
UNDER RONALD REAGAN WHEN WE WERE IN THE BLACK AND THIS STATE WAS MENTALLY HEALTHY! DEMOCRATS ARE GENETIC LOOSER'S BENT ON DESTRUCTION. INSTEAD OF WORKING WITH THE REPUBLICANS THEY WOULD RATHER SCUTTLE THE SHIP AND SINK WITH IT! THEY WANT IT ALL THEIR WAY...THAT'S A MENTAL SICKNESS FRIEND! WE OUTNUMBER THEM SO LETS GET THE HELL OUT AND VOTE VOTE VOTE TAKE THE ELDERLY TO THE BOOTHS TAKE THE SHUT IN's TO THE BOOTHS ITS AN EFFORT BUT IT CAN BE DONE TILL THERE IS REAL CHANGE NOT JUST CALIFORNIA....EVERY STATE IN THIS REPUBLIC! it can be done and it should be done!
I do not believe Israel is our enemy, I believe the opposite is true. As far as the U.N. establishing immigration policies of Israel, a sovereign country, that is ridiculous. As far as Israel being behind our lack of borders, how and why would that be? Open borders means more muslims come into America and take over America, and then no one in the world is left to defend or stand up for Israel.
Amen-Amein Sister in Christ Jesus-Yeshua Jea!! The Holy Land of Israel-Yisrael has been around for thousands of years according to the Old Testament and New Testament of the HOLY BIBLE!!
United We Stand with the Holy Land of Israel-Yisrael and our Judeo-Christian Nation United States of America, Divided We FALL!!
Am Yisrael Chai Adonai forevermore Israel-Yisrael / Baruch HaShem Yahweh JEHOVAH YHWH Hosanna El Shaddai Emmanuel Jesus-Yeshua Christ Bless all my Sisters and Brothers in Christ Jesus-Yeshua and Your Families and Friends who STAND with the Holy Land of Israel-Yisrael and our Judeo-Christian Nation United States of America!!
Love Always and Shalom ( Peace ), YSIC \o/
NO you're Wrong Israel-Yisrael is our Allie against evil / satanic / demonic islamic terrorism!!
NO ANTISEMITISM here Hank!!