Criminal Acts Under The CURRENT Federal Immigration and Nationality Act.. Why aren't they being prosecuted?

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"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.

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 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:

http://americanpatrol.com/REFERENCE/AidAbetUnlawfulSec8USC1324.html 

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.

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How long do you think that will last.. .you may want to talk to some former Al Qaeda at GITMO... they may have a diffefent perspective on their attempts at fighting as irregular militia... non-conventional military units. It did not work well with them or any other modern equivelant forces.

Good to know you must admire Al Qaeda. And I and my whole neighborhood says no talking to them just pass the ammo, so don't get in our way.

I have faced Al Qaeda directly in a combat zone... I don't admire them, I think they are dispicable demonics... who need to be the one's loosing their heads... for Allah. 

I spent 14 Months in Iraq ... on top of two tours in Viet Nam... How about you? 

The point I wanted to make is that most private militias are not as well armed, equipped, financed or organized ... and these US private malitias want to stand up to the US Military... such a cause is suicide on steriods.

Richard,

 Mr. Nelson is just not telling the truth. He believes that a state run militia, will be the way. This is far from the truth, and would allow the very same people to regain office.

 Pay mind to the video, of what was really stated, over look Mr. Nelsons comments.

 State Operated Militias are for fools.

Unconstitutional Militia: In America Are Anonymous

http://teapartyorg.ning.com/forum/topics/unconstitutional-militia-i...

Wrong...

Most States have Militia Statutes that authorize an IRREGULAR or Unorganized Militia... to be legally organized and recognized by the Governor.  This militia is normally privately funded, with all volunteers. It is wholy a State Militia .. has no federal authorization or duties.  

As such, the unorganized militia can form without being out side any State Laws... keeping it sanctioned and safe from Federal Intervention... The State may insist on some limited oversight... like, the appointment of officers and establishing minimum standards for trainging and equipping the militia..

Try talking with a local State Rep and meet with the AG for the National Guard... the irregular or unorganized militia's normally act as the State's RESERVES and are called up only by the Governor... usually, when the National Guard are mobilized or shipped overseas... as the official state militia.

I support organizing under the law... as permitted by State Law.  If your state doesn't have such a law... work to create one. It costs the state nothing to raise an all volunteer reserve for the National Guard... a federal force.

There are also standing Sheriff's posses that can be organized in lieu of Militia... they can operate as necessary under the control of the local Sheriff... giving this privately funded group legal cover from being labled a terrorist group.

Here is one example of a Sheriff's posse... Sheriff's Posse. What is the Sheriff’s Posse? The Sheriff’s Posse was formed in the early 1940’s as a volunteer group of mostly farmers and ranchers and primarily assisted in patrolling our County coastline during World War II. After the war, the unit continued to serve the Sheriff with Search and Rescue operations and other tasks as requested

See:https://www.venturasheriff.org/join-our-team/volunteers/mounted-vol...

https://www.venturasheriff.org/.

Your right, the key word is State and is exactly what is not needed. I gave him the government's meaning of what a State is so I know he knows the truth.

He is either deceptive or ignorant. 

Please take the time to listen to this video on this site.  https://revengeoftheherd.com/2015/08/12/rule-of-law-proof-w-virgini...

Ignoramouses... 

The Colonial militias were state/government sponsored militia... formed under the full authority of local governments and law.  The Colonial Militias met regularly, drilled to government standards and were under the orders of Colonial officers of the militia... They kept government financed armories and armaments.

The traditional Militia was not a private army... or group.  The original militia's of our forefather's were the official arm of the Colonial military.  Wake up... learn your history.

 Idiots are anyone that would allow the same Elite to over through a Corrupt Government infiltrated by the EU Establishment.

 We want them gone, migrated to Saudi Arabia with Christian Bibles in hand.

 A Boom Box sounding off that Muhammad is a fake God of men.

 We want them gone, or dead in Islam.

Hank...

What elite are you talking abouit ... What EU establishment has taken over our government?  Who allowed them in?  Is it the Queen or Islam we are most threatened by? 

Who do you want gone... be specific... is it Christians? I can;t tell from your raving what you want or what you real Beed is... be clear.

 Your are a trip man, but blog on man....have a nice day Mr. Nelson...:(-

Do you even know why you were fighting AL QAEDA? What did they do to United States. Do you actually believe they had well trained pilots for the 9/11 event flying planes into the 3 towers, Pentagon and Pennsylvania? Good luck with that fairy tale.

Go back to sleep

Saudi Arabia Muslims were the key figures exposed by the media for the 9/11 attacks, while the Dancing Israelis dropped by the film the event.

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ALERT ALERT

Obama Lies Again: – Ignores That The Year After Signing The Stimulus More Than (4) Million Jobs Were Lost

Former President Obama, the only President in US history who had his FBI and other Intel agencies spy on the opposition party candidate, claims that he created the great economy that Americans are enjoying today. The only thing Obama created was debt and massive job losses with his horrible economic recovery.

Yesterday the former President tweeted an effort to take credit for President Trump’s successful economy:

Joe Hoft@joehoft

Of course another @BarackObama lie. He can’t open his mouth without lying. 11 years ago the US lost (4.3) million jobs over the next 12 months. Horrible liar. https://twitter.com/barackobama/status/1229432034650722304 

Barack Obama  @BarackObama

Eleven years ago today, near the bottom of the worst recession in generations, I signed the Recovery Act, paving the way for more than a decade of economic growth and the longest streak of job creation in American history.

President Obama’s policies were a disgrace and a failure. He doubled the national debt in spite of zero interest rates from the Fed. His recovery was the worst in US history.

Also, Obama’s assertion is just plain false. The ‘Stimulus’ was passed in February 2009 right after Obama took over the Presidency. He promised to not pass any bills for at least a week to allow for the bills to be read by the people but lied as soon as he was sworn in. The Stimulus was hundreds and hundreds of pages of government handouts to Democrat districts and it was close to $1 million. This was not what America needed and it led to the Tea Party.

Far-left Wikipedia has this to say about the Stimulus:

Note that in his infinite wisdom, NYT economist Paul Krugman is credited with arguing that “the stimulus was far smaller than the economic crisis warranted”. (He also said the markets would crash and burn if President Trump was elected President.)

The data shows that the 12 months after Obama’s stimulus, the US lost 4.3 million jobs:

In Obama’s first three years he netted a loss of 1.5 million jobs compared to President Trump who has added more than 6.7 million jobs.

When it comes to the economy, the billionaire schools the community organizer every time.

Tucker: Bloomberg is trying to buy the election

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