"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 asymmetrical 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.
I never said there was not 4 jet man, what ever man, blog on...:)-
PS man, sometimes I have to agree with Richard, some of your comments are border line IDIOT AI....:)-
You said: "How does it feel Mr. Nelson, 2 jets 3 buildings, one small hole in the Pentagon, wing tip to wing tip did not match up.
One jet order shot down, there was nothing left of it other then small bits."
Two jets and one shot down is three jets... not four. The small whole in the Pentagon was explained... the aircraft impacted short of the building and slid into it... loosing parts of its wings on the way, reducing its impact and penetration significantly.
That adds up to 4 jets, like I said man your AI adds up to a blivet, 10lbs of sh* in a 5lb bag....:)-
Let's see... 2 jets 3 buildings, one small hole in the Pentagon, wing tip to wing tip did not match up.
One jet order shot down..."
Are you using NEW MATH... 2 Jets plus 1 shot down... equals 3 Jets not 4... Last time I checked 2 plus 1 equalled 3 not four. .
Stupid is as stupid does think. Thanks for exposing yourself again. Building 7 = 3rd building/structure/tower fell in it own foot print.
Regardless of the issues dealing with 9/11, no justice will ever be served.
The laws establish by this blog is correct, it is not respect by none in this Government, to this very day.
Media smoke and mirrors, to keep people occupied.
Mr. Schaum, please let alone issues dealing with Christ and his mother, you will pis*s off Tif, Hank, and I, and you share important things noted, some I have no use for, it would be a shame for the Administration here to delete your account.
Please, once again, your views on Christ, let go of it.
All the more reason to revise the 'Federal Judiciary Act' too ensure that Stari Decisis is not considered LAW.
The Courts were NEVER, NEVER, to have their verdicts and discta treated as law... too, replace or amendend the Constitution and our statutory laws. Artical 5, ratified Treaties, and the legislative acts of Congress and State Legislatures, are the ONLY source of Law according to the US Constitution.
We must Impeach truck loads of Judges and disbar tens of thousands of compromised Attorneys... Officers of the Couirt. We should start by removing... thru 'Expulsion Rules'... all the members of Congress holding two offices at once: a seat in congress and as a member of the Judiciary. As lawyers, members of Congress, are also Officers of the Court. The US Constitution prohibits the holding of 'two offices' at the same time. This is grounds for immidiate removal from Congress.
Congress can remove every sitting judge with a single act... BY REWRITING, REDISTRICTING AND REAUTHORIZING THE FEDERAL COURTS. Congress may revise and revisit the 'Federal Judiciary Act' as it pleases. They Courts are established, authorized, and organized by Congress, per Article 3 of the US Congress. Congress has the Constitutioanl power and Authority to reorganize and too reauthorize the courts ... Thus, Congress can effectively remove every sitting judge with one Act.. .the Federal Judiciary Act. They can authorize the rewritting of the Federal Judiciary Act replacing all courst and their justices, SUBJECT TO NEW APPOINTEMENTS; so as, not too completely stop the wheels of justice.
It is time to DEMAND that Congress REWRITE the Federal Judiciary Act... narrowly limiting the Court's jurisdiction, clearly informing the Courts that their edicts, orders, injunctions, findings, dicta and stari decisis, ARE NOT LAW. Instead, they are the courts judgments, limited to a particular case and nothing more. Congress must change any law, that may be found unconstitutional, or, in its own judgment let the law remain in effect as written.. .with any relife for individuals to come by separate cases heard by the Courts... There must be no injunctive or automatic extension of a Courts decision applied to anything else than the case fefore it and such relief must be limited to the original jurisdiction of the Court issuing the relief...
No Court should be permitted to issue injunctive relief beyond the case involved and in the DIstrict the Court has jurisdiction... that provision must also be clearly mandated in any new Federal Judiciary Act. The Courts were created to be the LEAST POWERFUL OF ALL THE BRANCHES... They are unelected members of of the government. No court should have the power to issue injunctions or edicts that extend in law too overturn Congress, the President, or a State, and their administrative, legislative, and soveriegn authority... beyond the CASE BEFORE IT.
You said - Artical 5, treaties, and the legislative acts of Congress are the ONLY source of Law according to the US Constitution.
I say but no one took an oath to uphold "the constitution for the united States of America".
I believe what you state will do nothing unless we are rid of English Law forms, Admiralty, Law of the Sea, Maritime, and get their gold fringes off the flag in every court. Then we can go back to what the Colonist originally sought as their law form - Common Law. "the colonies were so impressed with the idea of an overruling law of nature that the laws of God and so-called natural laws were regarded as the true laws, and all temporal legislation was considered to be binding only in so far as it was an expression of this natural law" Please know American history not what you were taught in school by the winner that received the spoils of war and the powers over the people.
James Wilson, the foremost lawyer at the Constitutional Convention, a signer of the Declaration of Independence, and a man who was appointed to the Supreme Court in 1789 by President Washington was well familiar with this legal principal stated above called Natural Law and stated; "Parliament may, unquestionably, be controlled by natural or revealed law, proceeding from divine authority".
Remember America was broke and so was the King but he had the power and authority after the war. To get anything done the King and Washington could not lose his controls of the MONEY and Rule of Law and G. Washington then enacted the War Power Act 1791 to settle with the King.
Do you understand what must be corrected first? If you don't then why do you think there was Jekyll Island secret meeting1910 and what allowed Roosevelt 1933 to do what he did to the people.
Read the words of those you are protecting, take the correct oath and help protect us from our foreign and domestic enemies. Then as an enforcer require Donald Trump to write a declaration of our sovereignty that shall be recognized by all our elected representatives .Use Trump's own words he spoke at the UN. We are sovereign and We rule!
Get off the issue of the Oath... using the exact reading.. there is a status in law which recognizes the INTENT and Spirit of the law... over such quibbling. We all know... without doubt... that the oath taken is to uphold the ONLY CONSTITUTION ratified by the original colonis as the Supreme Law of the land... any attempt to deduce otherwise is coercive reasoning.
Quibbeling over the controted and maligned interpritation of the Oath and law ... is both disengenuous and an unlawful act... as it is clearly a position outside of the common recognition of the law... by the PEOPLE. The Law must be returned to its rightful place as the SERVANT of the People, not the tool of tyrants.
There are Four Separate Laws regarding the failure of individuals to keep their oaths of office... regardless of the language in the oath... violagtions of the oath of office are federal felonies and need to be prosecuted.
In addition, we need to redress the horrible situation of the Courts and their corrupt officers.. .the lawyers in this country need to all be disbarred and required to take a new exame on the law before being reissued a license to practice law... they have been totally corrupted. The new bar examines must stress the use of the common and natural law precepts; while, upholding the ethical conduct of the court... thru a system of disbarrment procedures, established outside of the Courts and Professions control... a system of citizen grand juries for judicial ethics.
Our system of legal education needs to be totally overhauled, with most professors of law ... let go. We must return to the fundamentals of legal action... and get away from the idea that any arugments or theory are justified ... ethics and the precepts of common and natural law must be reintroduced as the basis for the law (enterpreting and establishing statutory law).
Need to tell them in office, I really do not think they care, facts check...OBAMA..:)
There you go again taking up for them. even though you know they declared us as their enemy is their own words.
There is no document to be found in law or at law with a preamble "the constitution of the United States". Show you proof it exist.
LOL you said Four Separate Laws regarding the failure of individuals to keep their oaths of office..show us...…….
Again you are still based of the Kings law and the British BAR codes = Foreigners.
You said - we need to redress the horrible situation of the Courts and their corrupt officers.. .the lawyers in this country need to all be disbarred and required to take a new exame on the law before being reissued a license to practice law..
What Law Form shall they follow? What Law oath would you have them take? Yes, what master will they serve by their oath? Who is going to enforce this and how?
You also said - We must return to the fundamentals of legal action. No No NO! We need a Lawful System based on God's Law as thee Master and Natural Law. No foreign King made laws and rules with their own referees ever again.
Stop protecting our enemy! Have you no horror?
You obviously don't read my posts... I furnished the following earlier:
Statutory law provides for vilations of ones oath of office... irregardless of any frivolous efforts to escape based on the wording problems. The law also provides for acts of treason and sedition... the over throw of our Constitution and its government. The Constituiton lists treason, piracy and counterfiting as crimes against the Constitution.
Federal law regulating the taking of the oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement.
5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”.
The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.
I can many other federal laws which make it a criminal act to violate various clauses of the US Constitution... piracy, weights and measures, counterfiting, failure to pay taxes, breeches to due process, and unlawful seizures, privacy laws, etc., etc., all with Constitutional roots.
What are you so irasible as to be blinded by your anger... or just medically unable to comprehend. I furnished responses to most of your questions before... As to what form of law I would have all lawyers tested and required to follow... Common Law or Natural Law is the only basis for just laws as confirmed by our founders.
You are so narrowly focused on your point of view... you fail to either read or consider others views... Some may not be so different... only in their applicaiton or finer points. Instead of making enemies of partiots, why not try to be broader minded and accept others ideas... even some of their foilbels, as long as they are willing to sincerely address and admit the need for major reforms in government.