"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.
That makes two of US...:)
What is the actual oath to be taken - please post it.
To fight their laws or to have them enforced you must know what they wrote but is not promoted to us.
Let me try to keep it simple St--id and they are not my words.
MAXIMS OF LAW AND EQUITY - THEY ARE THE FOUNDATIONS OF ANY LEGITIMATE AND LAWFUL SOCIETY. These are just a few of the hundreds of laws to determine remedy and for whom..
From a wrong no contract can arise.
False in one thing, false in all things.
It is a fraud to conceal a fraud.
Fraud and justice never dwell together.
Fraud lies hidden in general expressions.
Fraud is most hateful to law.
In default of the law, the maxim rules.
A mandate of an illegal thing is void.
Remove the foundation, the work falls.
When the foundation fails, all fails.
Now what should have happened to Obama Care as soon as people's cost was in crease and they had to find another doctor? Remember what the claims were and we did not demand proof of claims. Pass it before you know what you agree to - come on WTF!
Again, what is private/not openly promoted is for an individual or group. What is Public is for all to know as a benefit or restriction. Read the Private Laws, and note the dates that hundreds of them were written after the War Power Act was enacted.
Again, why did the very First Act of Congress change and omit the words in organic constitution, Please explain. Who benefited? Thinking cap please.
Richard, you know, its like this, all the laws they know, using the letter of the law will not work.
Let me tell ya about this book, tried to find it on the internet, not there, these 148 videos, its not there, no title listings.
Over 1500 or so of our members, viewed 1 video, and the book is keep in a special container. To stop air exposure. Its over 1800 years old.
With out a doubt it will change the way people will look at this Government, and the EU intrusion.
I think Hank posted a date, somewhere around 59 more days, things will start changing.
Exposing issues helps, but this book and VHS Tapes go beyond exposing.
I think you lost your cap long ago... too, many conspiracies and not enough reality leads to a sick mind and warpped perception. Certainly, there are wicked men and schemes... the world is full of them. The problem becomes on identifying and catagorizing those that are actually dangerous ... capable of being effective.
I find little to fear from a scheme that has been unable to defeat our Nation... and sat by while our middle class enjoyed the greatest expansion in the history of mankind. Yes, we must be cognizant of the conspirators and their deeds... and we are in a critical time... not the first by the way...
We must overcome and history is on our side as the people are awakening too the fraud being purpetrated upon them by those claiming to be their representatives in government.
Really? YOU THINK?
And all this time one of Ronald's blogs, How Is It Possible For A Hand Full Of Men To Control A Nation, Like Da!!!
The Federal Reserve does not belong to America. Its all very Jewish you know, like the Rothschild Family, oh and Da!!! they, their daddy sent his bastard sons to the world to control or send it to hell if we rebel...and rebel means this Ronald, "a person or Militia that rises in opposition or armed resistance against an established government or ruler".
You can not fight the laws of the progressives and liberals... their laws are arbitrary in nature and subject to wide ranging definition. Constantly moving, they are living laws... Just as they claim our Constitution is a living document. They consider the law, subject to the devining of wise judges, who are capable of chanelling the true meaning of the law... rather than, interpreting the original intent of the Law.
The corrupt Judge finds new law in centuries old, well established law, every day. The Courts are filled with activist judges... whose word has become the basis for fiat law... America is being ruled by activist courts... under the color of law.
We are dealing with dishonest, immoral, low scum... bottom feeders, who have and will sell out their country for a buck. One may think to beat this sort, at the Law, but they will be back and back again, until the wicked have it their way...
Why? Because the righteous shall suffer the ill intents of the wicked until the day of judgment and then all will be set right. Until then, the wicked are willing to lie, cheat, steal and most assuradly, use the law for their own purposes.
WHAT?? Like DA!!! You We can not fight their laws, BS!!!
It has all ready been ordered, in the last week over 1500 of our members checked in, today 37 more.
When we reach Full Contact with the 10,000 members and supporters..
We are going to blast them...
There is nothing that can stop this....nothing other then a act of God.
No, we can not expect to win by fighting their laws... it will take more than attorneys to overcome these snakes. Read what I said all of it..
We need to replace the wicked who hold high office with moral men and women. We must actively retake Congress, the Administration and Courts from the hands of the Progressives and liberals.
If we don't study their Private Laws we will not know what protections they have and what is there to protect us from them. we can use their own laws for our remedy. It works in practice and congress does not want the public to know of the arbitration process they wrote.
When unjust men hold the reigns of government ... the lexicon of justice and the law is twisted to their purposes.
Seeking reliefe from the wicked and unjust Judge will not work...on a large scale. There may be some minimal relief, for a few, a very few. The laws of the wicked are arbitrary and frequently change.... to fit their needs.
5 U.S. Code § 3331.Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath:
“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
This section does not affect other oaths requireby law.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)
They take an oath to " defend the Constitutdion OF the United States" stop quibbling... not only is this clearly an oath to defend the Constitution... we have only ONE... it is an oath to take on all foreign and DOMESTIC enemies of the Constitution.