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 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.

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Classic Jeanine at her BEST! I hope the Hill-witch tuned in!!!
Judge Jeanine would be THE PERFECT REPLACEMENT for AG Jeff Sessions

https://m.youtube.com/watch?v=uVYy30kbCNY

I agree... Judge Jeanine for AG.  Do it now Pres. Trump, or as soon as the Congress recesses for the next holiday... use a recess appointment.

It is noteworthy to recall that the Creator made both Man, and then Woman from the Man. Both have equally important roles in mankind, and it is important to recognize that those duties are indeed EQUALLY important.

Two cannot walk together unless they be in agreement.

Men are expected to lead, righteously.  What we find today is that women often have more backbone than men. Judge Jeanine is a case in point.

Sessions has proven that he is a weakling. A gutless man recusing himself from the responsibility of the office he sits in.  Another  Obama, only this time as an older white man.  Typical politician. With a law degree.

Rep. Brad Sherman (D-CA) talk of insurrection in a House committee meeting...A TOTAL MORON!

This Democrat Moron wants CIVIL WAR and for pressing this issue he should be removed from office we have a NEW PRESIDENT AND HIS NAME IN DONALD J. TRUMP NOT BARACK H. OBAMA who did everything to destroy America and nothing to fix America and this Mr. Sherman needs to be out of office if he refuses to cooperate with Donald Trump ---the PRESIDENT OF THE UNITED STATES!!!!

Our Judeo-Christian Nation United States of America is under attack from Extreme Left-wing Liberal's who all have Turned their backs on our ONE TRUE GOD THE FATHER who art in Heaven Above and HIS SON Jesus-Yeshua Christ!!

United We Stand with Israel-Yisrael and our Judeo-Christian Nation United States of America and our Christian Earth, Divided We FALL!!

Please Pray for the Holy Land of Israel-Yisrael and our Judeo-Christian Nation United States of America and our Christian Earth Everyday!! "Pray Without Ceasing." ( 1 Thessalonians 5:17 KJV )!!

Happy Shabbat Shalom ( Peaceful Sabbath ) Everyone!!

Love Always and Shalom, YSIC \o/

Kristi Ann

Robert Mueller, the special counsel, needs to be told to stop and go home!

He is doing nothing but a fishing trip. There is no Collaboration by TRUMP! 

Hillary on the other hand is the true criminal here and a NEW SPECIAL COUNSEL needs to begin NOW. Hillary belongs in Orange.

Comey belongs in Orange with Miss--Piggy Loretta Lynch and Eric Holder to boot. 

Then as The investigation expands PUT OBAMA IN THE SLAMMER BECAUSE-- HE IS A TRAITOR!

Forget special counsels. So far, there has been NO congressional or DOJ oversight of the so-called "Special Counsel", therefore, he is acting without supervision, without accountability, and with his own purposes in mind.

Grand Juries are the only thing called for. Grand Juries that can subpoena any person they need to.

They are legal bodies. And they are the only things that can bring justice to the criminal d.c. cohorts in crime.

Exactly...

Special Counsels are unconstitutional bodies... they operate outside the four corners of the Constitution.

Federal Grand Juries have the powers to operate as a special counsel...  Grand Juries are run by citizens, supposedly independent of legal professionals (attorneys). Citizens are given the Constitutional power to indict not attorneys.  Citizens are supposed to decide what is indictable... needs to be brought to trial, not some paid hack of an attorney.

Grand Juries are empanelled with the power to subpoena, question and investigate all allegations too arrive at the facts and where probably cause for a crime exist too present True Bills of Indictment before a proper Court with the authority to be tried.... not some prosecutor or district attorney.  We must return to the JURY SYSTEM OF CRIMINAL JUSTICE if we are ever to have the rule of law returned to our society.

The PEOPLE's GRAND JURY... have the power to indict anyone and are the final check on Constitutional Government... and the LAW.  It is the PEOPLE (thru the Grand Jury Process) and not some paid prosecutor who decide the law and who will be prosecuted under the law. 

It is the TRIAL JURY which has the final say (rules) on the law and the FACTS (evidence)... Thus the Jury is the final arbiter of the law (not a judge). Jury's have the Constitutional power to rule on the Constitutional standing of any law.  If a Jury finds a law to be unconstitutional they can acquit the accused and set them free.  Thus the people do in fact consent unto the law... thru the jury system and our legislative processes.

WE NEED GRAND JURIES CALLED. No more Congressional investigations that lead to nothing, no where and no justice.

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ALERT ALERT

Newt Says What The Rest Of Us Are Thinking:
It’s Time To Throw Peter Strzok In Jail

Disgraced FBI special agent Peter Strzok, a senior member of the bureau who gained notoriety in recent months over his anti-Trump text messages to a colleague, was grilled for nearly 10 hours during a joint congressional committee hearing on Thursday.

At issue was Strzok’s anti-Trump texts to former FBI lawyer and lover Lisa Page that coincided with his leading of the investigations into both former Secretary of State Hillary Clinton’s private email server scandal and the alleged Trump/Russia 2016 election collusion, as well as his involvement in the subsequent Robert Mueller special counsel probe.

The hearing proved to be a heated battle, as Strzok displayed an arrogant smugness in defiance of pointed questions from Republicans that he largely danced around, while Democrats sought to upend and undermine the entire hearing with a plethora of interruptions, parliamentary maneuvers and outright praise for the man who helped let Clinton off the hook while ferociously targeting Trump.

Former House speaker and presidential candidate Newt Gingrich was less than impressed with Strzok’s performance and cooperation in the hearing and suggested during an appearance on Fox Business that the FBI agent should be held in contempt of Congress.

“I think they have to move to hold him in contempt and throw him in jail,” Gingrich said of Congress and Strzok.

“This is a person who is willfully standing up and refusing to appear as a congressional witness and he was a government employee at the time,” he continued.

“He has every obligation to inform the legislative branch, and I don’t think they have any choice except to move a motion of contempt because he is fundamentally — and so is his girlfriend (Page) — they’re both fundamentally in violation of the entire constitutional process,” he added.

Page had been subpoenaed to appear before Congress on Wednesday but refused to appear, saying she’d been unable to review relevant documents prior to the scheduled hearing, a closed-door hearing that has since been rescheduled for Friday.

Gingrich was not the only one who thought Strzok deserved to be held in contempt of Congress, as House Judiciary Committee chairman Bob Goodlatte informed Strzok that he remained at risk of such during the hearing, according to The Daily Caller.

That warning from Goodlatte came after Strzok had refused to answer a straightforward question posed by House Oversight Committee chairman Trey Gowdy, regarding how many people Strzok had personally interviewed between a specific set of dates in relation to the Clinton email investigation.

“Mr. Strzok, please be advised that you can either comply with the committee’s direction to answer the question or refuse to do so,” Goodlatte stated. “The latter of which will place you in risk of a contempt citation and potential criminal liability. Do you understand that? The question is directed to the witness.”

Strzok still refused to answer, citing instructions received from his counsel and the FBI to not answer certain questions on certain topics.

Goodlatte replied, “Mr. Strzok, in a moment we will continue with the hearing, but based on your refusal to answer the question, at the conclusion of the day we will be recessing the hearing and you will be subject to recall to allow the committee to consider proceeding with a contempt citation.”

It is unclear if Goodlatte and the committee ultimately did consider a contempt citation for Strzok following the contentious hearing, nor is it clear if Page will be held in contempt for blowing off her subpoenaed appearance on Wednesday.

Hopefully Congress will follow through on the threats of contempt followed by actual jail time against Strzok and Page in response to their uncooperative behavior and failure to appear when subpoenaed, if only to ensure that future witnesses called before Congress for sensitive or contentious hearings don’t think they can get away with the same sort of behavior.

TEA PARTY TARGET

Cops Sent To Seize Veteran’s Guns Without A Warrant, He Refused To Turn Them Over

“No one from the state was going to take my firearms without due process,” says Leonard Cottrell, after successfully staving off law enforcement and the courts from confiscating his firearms. Cottrell, an Iraq War veteran, was at work when he received a phone call from his wife. The cops were there, busting in to take his guns away. It all started after a casual conversation his son had at school.

Ammoland reports:

Police said their visit was sparked by a conversation that Leonard Cottrell Jr.’s 13-year-old son had had with another student at the school. Cottrell said he was told his son and the other student were discussing security being lax and what they would have to do to escape a school shooting at Millstone Middle School.

The conversation was overheard by another student, who went home and told his parents, and his mother panicked. The mom then contacted the school, which contacted the State Police, according to Cottrell.

The visit from the troopers came around 10 p.m. on June 14, 2018, Cottrell said, a day after Gov. Phil Murphy signed several gun enforcement bills into law.

After several hours, Cottrell said police agreed not to take the guns but to allow him to move them to another location while the investigation continued.

“They had admitted several times that my son made no threat to himself or other students or the school or anything like that,” he said.

Cottrell said he made it very clear to the police that he was “not going to willingly give up my constitutional rights where there’s no justifiable cause, no warrants, no nothing.”

The troopers searched his son’s room and found nothing, Cottrell said.

“To appease everybody, I had my firearms stored someplace else,” he said. “That way, during the course of the investigation, my son doesn’t have access to them and it’s on neutral ground and everything and everybody’s happy.”

“In the Garden State, the usual approach is to confiscate first and ask questions later, and victims of this approach often don’t know their rights. ‎In this case, the victim pushed back and confiscation was avoided — but the circumstances surrounding the incident are outrageous. A student expressing concern over lack of security is not a reason to send police to the student’s home — but it might be a reason to send police to the school to keep students and teachers safe” said Scott L. Bach, executive director of the Association of New Jersey Rifle & Pistol Clubs and a member of the NRA board of directors.

NJ.com adds:

Cottrell, a disabled U.S. Army veteran who served three tours during “Operation Iraqi Freedom,” owns a shotgun and a pistol. He has all the correct permits to own the firearms, he said, and predominately uses the shotgun to hunt.

He said his wife allowed the officers to enter the home, and with her permission, they searched his son’s room — but they did not find any weapons, he said. The officers, he said, didn’t have a warrant but still wanted to take his guns. Cottrell wouldn’t let them.

“No one from the state was going to take my firearms without due process,” he said Thursday.

He said the attempted seizure resulted because of a new law Gov. Phil Murphy signed into law that makes it easier for police to confiscate guns when someone in the state poses a threat to themselves or others. The law is part of a broader statewide effort to make New Jersey’s gun laws even tougher amid the national outcry for more gun control in the wake of the school shooting in Parkland, Florida.

Cottrell said the officers “danced around the issue” when he confronted them about the new law.

A New Jersey State Police spokesman declined to answer questions about whether this incident had anything to do with the new gun laws.

In an email, Sgt. First Class Jeff Flynn said, “Troopers responded to Mr. Cottrell’s residence in reference to the report of a possible school threat. Based on their investigation, it was determined that Mr. Cottrell’s weapons did not need to be seized.”

David Codrea, writing for Ammoland, further added:

To appease everybody, I had my firearms stored someplace else,” New Jersey gun owner and Army veteran Leonard Cottrell Jr. told New Jersey 101.5 after a June 14 visit from State Police,. “That way, during the course of the investigation, my son doesn’t have access to them and it’s on neutral ground and everything and everybody’s happy.”

Cottrell was recalling state troopers showing up at his door to confiscate firearms after his 13-year-old son was overheard discussing lax school safety with a friend.

Indoctrinated by a pervasive snitch culture — one that never seems to deter the blatantly obvious demonic nutjobs — the eavesdropping student told his parents, who told school administrators, who in turn called the cops. (Note “If you see something, say something” carries risks of its own – if you report the wrong person, you could end up smeared as a “hater.”)

“Cottrell said he made it very clear to the police that he was ‘not going to willingly give up my constitutional rights where there’s no justifiable cause, no warrants, no nothing,’” the report continued. Despite that, his home is now a “gun free zone” and that has been publicized by the media. He has, in fact, willingly ceded those rights, and by his own words in order to make authorities “happy.”

Before judging him for that, consider the environment that is New Jersey. Then consider the overwhelming force the state can bring to bear, and its predisposition to using it, especially if it’s to enforce citizen disarmament. It’s easy to anonymously declare “Molon Labe” on the internet. In meatspace, resistance is more effective when the aggressor doesn’t get to dictate the time and place, especially if that place is your home and you have family inside.

Appeasing gun-grabbers, generally couched as “compromise,” is impossible. It’s like throwing a scrap of flesh to a circling pack of jackals and expecting them to be sated and leave you alone — instead of sensing opportunity and fear, and moving in closer.

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