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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Please Jea9,

 He knows what happened, Nelson knows, he was in the military also, he knows what I know, and Trump knows things and has files, that are now unlocked.

Christian and Constitutionality speaking is the original Constitution.

Have a very nice day Jean.

That last statement is true, Hank.

You are correct! The leftist judges that were appointed need to be removed and replaced by  judges that understand exactly what their duties are. They have been allowed so much leeway in the past years, they now MAKE laws instead of interpreting them. They are a bunch of arrogant, liberal appointments with way too much power. They (along with the democrats in Congress) need to be reined in. This is especially true with the USSC.

When Tif first found out about this, all to many disrespected her, so, in truth you can not make up this kind of Bullshi* !!

https://www.google.com/search?q=Magna+Carta+of+administrative+law%2...

So are you Mr. Nelson, surrounded by deception ... advisors who are members of the Establishment and DEEP STATE, of the British Empire.

 I am asking now, do you want our Network Team to shut DACA down? We have completed the file, if the information is posted, it will cause issues even for Trump.

Tif...

If you have valid information that exposes DACA as an unconstitutional Executive Order... by all means release it.

Mr. Nelson,

 If Mr. Massingale allows it?

Israel Immigration Groups will take a hit.

 Trump will take a hit.

The DNC will take a hit.

This so called DACA Dream Act is connected to a Homosexual Imagination Policies.

 Mr. Massingale is trying to find a way to release this hard core, this DACA Dream Act Hard Core Porn Act, with our it being a hate speech.

 The DACA Dream Act Founders are mostly Jewish and Muslim.

 The founders are Muslims, the so called issue of Trump ending the teaching of Muslim Faith over Christian Faith in American Schools, never ended, its Sex Education: https://www.google.com/search?q=+Sex+Edgeication&ie=utf-8&o...

Time to wake up!!! The count down to 7/4.2018 has started.

UN Chief: Uncontrolled Migration Is In America’s ‘National Interest’

UN says its in Americas best interests to allow uncontrolled immigration

 UN chief William Lacy Swing has urged President Trump to open up America’s borders to “any and all immigrants” – claiming it’s in America’s best interests.

http://teapartyorg.ning.com/forum/topics/un-chief-uncontrolled-migr...

MEMO TO DONALD TRUMP: Donald when will you answer to this? 

https://youtu.be/5yGLkenNcoQ

TO DATE YOU HAVE AVOIDED ALL THIS. WE WANT TO HEAR WHAT YOU HAVE TO SAY ABOUT AGENDA 21...BURN THE BOOK AND DENOUNCE IT----------IN TOTALITY!

I am not into this whole sensationalized NWO but Tell us Donald because WE KNOW ITS NOT ALL FAKE NEWS!

Good morning Stephen,

 I will check out the video, but we are going to a COS meeting, plus the news as of today, nothing to share, COS has some things coming at them, they need to make their statements right to us or we will boycott them big time.

 Trump has another issue coning up, maybe he knew or maybe he did not know. But if Hank can find it, I would say they knew.

This Country Needs to be made to understand that The Mayor of New York City, Bill de Blasio, Is a Very Sick person who needs Serious Psychiatric help. He is 10 times as twisted as Barrack Obama ever was over race and LEFT of the LEFT field foul pole in Yankee Stadium.

This sick person is going to try and run for president of the United States in the near future.

MAKE IT YOU MOST SOLEMN THAT YOU WILL NEVER VOTE FOR THIS FOOLS FOOL. JERRY BROWN IS ANOTHER IN THE SAME LINE OF INSANITY.

RSS

LIGHTER SIDE

 

Political Cartoons by Steve Kelley

Political Cartoons by Jerry Holbert

ALERT ALERT

OMG!! -> Government Now Wants To Seize Your Car For Going 5MPH Over The Limit

We’ve discussed this on and off for several years now. Civil asset forfeiture is a legal process that allows the government to seize assets and cash from citizens without any due process or judicial oversight.

You don’t even have to be charged with a crime. You are assumed guilty unless you can somehow prove your innocence.

Of course, not everyone has this ability… if you aren’t local, state, or federal law enforcement, this is called stealing, and you go to prison.

But the government is actually a bigger problem than common thieves.

A 2015 report showed that law enforcement used civil asset forfeiture to steal more from US residents than every thief, robber, and burglar in America combined.

About $4.5 BILLION worth of cash, cars, homes, and other property is taken by civil asset forfeiture each year – hundreds of millions more than common criminals steal.

And it happens at every level. Your local cop can use civil asset forfeiture just like your state trooper. And then any one of the armed agents of the US government—from the FBI to the Fish and Wildlife Service—can rob you for whatever reason they want.

This travesty continues to grow because the cops who take your stuff get to keep it. Police departments and government agencies around the country depend on civil asset forfeiture to boost their budgets.

Cops will literally keep some of the cars they take as squad cars. And they make a fortune auctioning off the houses, boats, and anything else they confiscate.

Obviously this gives cops an incentive to steal, whether or not they actually think the property was used in a crime, or acquired illegally. Remember, civil asset forfeiture adds billions every year to their bottom line.

On Wednesday, the Supreme Court heard arguments in a case of civil asset forfeiture.

Tyson Timbs was convicted of selling a small amount of drugs to an undercover police officer. He was sentenced to house arrest, and paid about $1,200 in fines.

But then police used civil asset forfeiture to take his $42,000 Land Rover which Timbs purchased with money from a life insurance policy after his father died. The money did not come from selling drugs, or any other illegal activity.

Timbs sued, and the case made its way to the Supreme Court, because every lower court in Indiana said the forfeiture was perfectly legit.

The case revolves around whether or not the seizure of the Land Rover was an excessive fine under the 8th amendment, and whether or not this protection against excessive fines applies to state governments.

And the public got some crazy insight into the government’s position.

The Indiana Solicitor General was arguing in favor of civil asset forfeiture when Justice Stephen Breyer asked him a hypothetical.

Breyer asked, if a state needs revenue, could it force someone to forfeit their Bugatti, Mercedes, or Ferrari for speeding? Even if they were going just 5 miles per hour over the speed limit?

And the utterly appalling answer from the Indiana Solicitor General was, yes.

That’s right… the official government position is that they can steal any amount of your property in “connection” with any crime whatsoever, no matter how trivial the crime may be… even exceeding the speed limit by 5 miles per hour.

This is how overbearing and authoritarian the government has become in the land of the free.

This is how much power your local cop has… and the power only grows as you go to state, and federal officials.

If there is any solace in any of this, it is that the other Supreme Court Justices were reportedly laughing at this exchange.

The justices seemed incredulous that Indiana’s top lawyer was using such absurd assertions and flimsy reasoning in his arguments.

So, for now, we can keep our cars if we get pulled over for speeding. But that may not always be the case…

Depending on how this is ruled, it could pave the way for even more egregious abuses of power… or it could curb the practice, and reign in these thieves in uniforms.

Just understand where the government is coming from. These politicians, bureaucrats and officers think they can do whatever they want. Absolutely anything goes, with no limitation whatsoever.

And that makes it a little tough to feel like you really live in the land of the free.

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