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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Agreed... Pres. Trump should have the FBI and DOJ coordinate the arrest of several hundred high ranking officials for violating our Immigration laws and other related criminal activity as noted in the body of this post. 

Once, the public sees Governors, Attorney Generals, Mayors and entire city councils going to jail the rule of law may return to the US, followed by a recommitment to sincere compliance to the law by the general public.

AGREED.

The Legal Flaw With Ditching DACA Administrative Procedure Act Magna Carta

President Donald Trump’s decision to end the Obama-era Deferred Action for Childhood Arrivals program has been criticized, by Democrats and Republicans alike, as “cruel,” “inhumane” and “unconscionable.” It is also quite likely illegal. The decision is being implemented in a way that appears to violate the Administrative Procedure Act, and the courts might well block the Trump administration’s action on those grounds.

 The Administrative Procedure Act, sometimes called the “Magna Carta of administrative law,” is a 1946 statute that governs hundreds of federal agencies, including the Department of Homeland Security. It requires that agencies go through a process known as “notice and comment” before issuing, amending or repealing “substantive rules.” As part of that process, the agency must publish proposed actions in the Federal Register and then give the public at least 30 days to submit feedback. When it finalizes its proposal, the agency must respond to issues raised by the public comments and must explain why it settled upon the course of action that it chose. The explanation must show why the agency’s action is reasonable and not “arbitrary” or “capricious.”

 In hundreds of cases, the federal courts have had to decide what counts as a “substantive rule” to which the notice-and-comment requirement applies. In a nutshell, a substantive rule is an agency action that alters the rights or interests of parties, changes the background regulatory regime and has a present and binding effect. Sometimes, agencies will take actions that do all of these things but are labeled as “policy statements” rather than “substantive rules.” In those cases, federal courts will block the agency from carrying through on its policy until it goes through the notice-and-comment process.

 That’s what’s likely to happen here. On Tuesday, Acting DHS Secretary Elaine Duke sent a memo to other officials in her department regarding the Deferred Action for Childhood Arrivals, or DACA, program. Since its inception in 2012, DACA has allowed more than 800,000 undocumented immigrants who arrived in the United States before their 16th birthday to obtain work permits and certain other benefits. Immigrants eligible for DACA, known as Dreamers, must file an application with DHS and must seek renewal of their status every two years.

 That will now change. Duke’s memo says that “[e]ffective immediately,” DHS will “reject all DACA initial requests” filed after Tuesday. It goes on to say that the department will “reject all DACA renewal requests” received after October 5 of this year. The memo has all the signs of a substantive rule. It alters the rights of Dreamers, who now cannot obtain work permits and other privileges associated with deferred action status (such as Social Security benefits). In so doing, it changes the background regulatory regime. And as the memo makes clear, it has a present and binding effect on DHS officials and on hundreds of thousands of Dreamers.

 Since it announces a substantive rule, the memo is subject to the notice-and-comment requirement. But DHS has given no indication that it intends to go through the notice-and-comment process here. Instead, Acting Secretary Duke has moved ahead without giving the public 30 days to submit feedback. That’s a violation of the Administrative Procedure Act, and it would give a federal court a basis for blocking the department from carrying through on its new substantive rule.

 There is, to be sure, a wrinkle in this argument. The wrinkle is that then- DHS Secretary Janet Napolitano did not go through notice and comment when she announced the DACA policy by memorandum back in 2012. The Trump administration will likely say that if DACA didn’t need to go through notice and comment initially, then DHS shouldn’t have to go through notice and comment now when it rescinds DACA. And if DACA ­did­­ need to go through notice and comment initially, then DACA itself is procedurally invalid and should be set aside on those grounds.

How The DACA Dump Might Be Ditched By The Courts- YouTube

https://www.youtube.com/watch?v=lno6WDq_fjw

There is area under the video, so I followed the links to this blog: https://www.politico.com/magazine/story/2017/09/05/the-legal-flaw-w...

cased searched this Google " Take it up with the Left Mr. Nelson, they are the ones pushing the Magan Carta.

Article 39 of Magna Carta in particular stands at the head of our constitutional understanding of the due process of law. It barred prerogative or administrative adjudication, by which rulers evaded the regular processes of the courts.Mar 23, 2016": https://www.google.com/search?q=Magna+Carta+of+Administrative+Law&a...

The US Federal Judicial System has been hijacked by years of appointments from the hard left... they have stacked the courts with activist judges and Congress has failed to discipline the judiciary... the result is that attorneys on the left have identified judges sympathetic to their positions who are willing to 'violate the laws' of the US as written... to actively engage in unconstitutional legislation... rewriting of the law thru the use of court mandates.

However, the President can also engage his constitutional prerogatives to tell the court to get lost... and then it is up to the Congress to either agree or impeach the President.  The President needs to understand that the left will use ANY MEANS NECESSARY including the courts to obtain their goals.  Therefore, the President will by necessity have to BUCK the courts when the Court is wrong... by ordering his directives to be followed ... or fire and if necessary physically remove those who refuse to leave when fired.  If the courts interfere with the President's firing... the President must be prepared to order the Military (if necessary) to enforce his orders... arrest the judge and any government employee who interferes with the execution of his office... until he is Impeached...or removed in an election.

DACA has been found unlawful by the DOJ... an EO that defies the clear intent and letter of the underlying law is an illegal order.  DACA is unenforceable on its face... it requires agents of the government to violate the Statutory law... a President's orders may not violate the law... and if they do they may be refused.  Of course, those refusing will have to face a long legal battle to keep their jobs if fired... and a President wiling to put it all on the line... may ignore the courts until he is impeached... he is a co-equal branch of the government.

There you are, Ronald,

 I am going to ask you something, its about NATO and OTAN, we all ready know that the UK was in a joint file sharing program with the FISA Courts, and the NSA with Americans privet information, they were also spying on Trump, anyway, to the best of your knowledge, was NATO and OTAN involved in spying on Americans and President Trump?

HMMMM? Well??? Was They ??????

He seems afraid of using his authority, every action seems tentative/hesitant.

He is surrounded by deception ... advisors who are members of the Establishment and DEEP STATE... thus he is being constantly threatened with Impeachment for exercising his Constitutional authority whenever it comes up against the Swamp. 

Pres. Trump needs to discharge... fire, those who fail to support his Constitutional authority.  He needs to surround himself with well qualified Constitutional lawyers... willing to provide him the ORIGINALIST VIEWS on his authority. If they can be found? He needs to cite the Constitution when he issues controversial EO's. 

Pres. Trump should do as Andrew Jackson once did... He should inform every Activist Judge, who openly flaunt their activism and fail to apply the original intent of the Constitution, that there judgments stop at the court house steps. He  then, needs to submit a written request, to those favorable members of the House, to initiate Impeachment of those activist judge who abuse their offices... He must DRAIN THE SWAMP and that starts with the Judiciary, DOJ and FBI..  He must first reinstate the RULE OF CONSTITUTIONAL LAW.

I so wish he would. I wish you were advising him, or someone else who is Christian and Constitutionalist.

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...

RSS

LIGHTER SIDE

ALERT ALERT

Bill and Hillary Clinton Brutally
Mocked After Defending

View image on Twitter

Crooked Bill and Hillary Clinton were brutally mocked Monday after defending the Clinton Foundation on social media.

The Clinton Foundation’s official Twitter account tweeted Saturday, “ICYMI: President @BillClinton wrote on Facebook this week about our work improving lives in the United States and around the world, from fighting climate change to combating the opioid crisis.”

Former President Bill Clinton’s Facebook post served to correct the record about so called fake news smearing the Clinton Foundation. Naturally, he linked to far left sites such as Snopes and Politifact to debunk the smears.

After touting all the charity the Clinton Foundation brings to hurricane victims, farmers in East Africa and combating Climate Change, Bill Clinton unleashed on Breitbart News for spreading conspiracy theories and false information about the Foundation.

Nevertheless, spreading false information about the Foundation continues, apparently as part of an ongoing strategy to distract attention from real problems and, over the long run, to completely erase the line between fact and fiction.

For example, just a few weeks ago on MSNBC, during a discussion of the President’s disparaging remarks about Haiti, his designated defender repeated the ridiculous assertion that I had taken money raised for Haiti for personal use and was responsible for the apparent suicide of a Haitian who knew all about it. Thankfully, the host cut her off, refusing to provide a forum for known false conspiracy theories. I’m proud of the work the Foundation and I have done in Haiti and will give you a more detailed report on that soon.

These attacks on the Foundation began in earnest with the 2015 publication of the Breitbart-inspired book, Clinton Cash. I thought the Foundation staff did a good job debunking the book’s charges, but they were published as written even in “mainstream” outlets, and even now the charges continue to be repeated online and in forums favorable to those who make them.

I have never responded personally to these charges, but out of respect for our donors, partners, and those who work at the Foundation, I think I should—because as we see, attacks, no matter how outrageous, can have a long life.

Bill Clinton also argued Chelsea’s wedding wasn’t paid for by Clinton Foundation donations nor do any of them receive salaries.

No, Foundation funds were not used to pay for Chelsea’s wedding. It’s not only untrue, it’s a personal insult to me, to Hillary, and to Chelsea and Marc. It was a wonderful day that Hillary and I were grateful to be able to pay for.

Clinton also argued the foundation was given 4 out 4 stars from Charity Navigator, Platinum from GuideStar, A from Charity Watch, and a 20 out of 20 score for meeting all of the Better Business Bureau’s good practice standards.

Hillary Clinton tweeted: Want to hear the real story of the @ClintonFdn? Read this: 

 Trump supporters savaged the Clintons.

How about when Kuwait, Qatar, Saudi Arabia and Oman donated MILLIONS to your foundation when you were Secretary of State and then you conducted official US business with them? 

What about how Haitian villages that you raised money for are STILL without the homes, schools and infrastructure you promised for them? Where did it go Hillary? Where's that money? Why did you plunder the great people of Haiti? 

  

Unless it explains

Benghazi 33,000 missing emails  Haiti  Destroyed electronics  Missing money
Uranium One Etc

Then no. Nope.  
Not on Presidents day.  

Care to tell us how much the Foundation pays out in salaries each year? 

 

Slush fund? Pay-to-play? Salaries for Sid Blumenthal?
Fraud in Haiti?  The vast majority of funds don't reach people in need?
That's the real story, right?   

 

YES PATRIOT STORE

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