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.

Views: 569

Reply to This

Replies to This Discussion

OBAMA.... if left unattended will wiggle his way into a 3rd term IF THE LEFT CAN OVERTHROW THE GOP IN THIS NOVEMBER ELECTION OR ANY FUTURE ELECTIONS. VOTE THE DEMOCRATS OUT OF OUR GOVERNMENT IN MASS THIS NOVEMBER.

Californians...... RISE UP AND GET RID OF THE 1 PARTY GOVERNMENT IN CALIFORNIA....ITS DESTROYING OUR STATE AT THE ROOT AND STEALING OUR HARD EARNED MONEY IN THE PROCESS!

 If I have to flash The Memo On My boobies I will, got it!!!!!!!!!!! I am hopping mad !!!!!!!!!

 If there is one thing I can not stand is a lie, and this here is based on facts, a online chat documented, by who, lets just say its very Anonymous.

 16 Million DACA Dreamers, President Trump knew, and so did, Vice President Mike Pence.

All of a sudden 10 million illegal aliens have morphed into 16 million... if the truth were actually published the number of illegals in this country is more like 30 million.  We can thank the MSM, Communist International, Republican and Democrat Party for this crisis... there is enough authority in the law to end this invasion by illegal aliens and to end it rapidly.

How do we deport 30 Million... Easy... we enforce the existing laws.  We put (US CITIZENS IN JAIL) employers, landlords, politicians, teachers, administrators, bankers and anyone else who AIDS AND ABETS illegal immigration in JAIL... Forget, picking up the illegal alien, go after his job, housing, medical care, education benefits, all those things supporting his desire to remain in the US. Put City Mayors and Counsels... hell, put Governors in jail, if they aid in the commission of criminal activity... illegal alien trafficking.

Any Employer, or for that matter any US Citizen, who knowingly or suspectingly hires an illegal alien... who fails to verify the citizenship status of their employees or customers, who then are found to have hired an illegal or aided an illegal to remain in the US... should go to jail... They should not be fined... JAIL HIM or HER.  Every member of a Sanctuary City's, City Council, including their  Mayor and Prosecutor, should be in jail. No fines, no get out of jail free cards.  Every Banker who permits the use of illegal Social Security Numbers to open a bank account is engaged in Money Laundering and needs to go to jail... no second chance, no simply closing the account... they are engaged in illegal money laundering... in order to PROFIT AT OTHERS EXPENSE... These Bankers and others are profiting thru illegal activity and need to go to jail.

We need to focus enforcement on landlords who knowingly rent to illegal aliens... if A LANDLORD fails to check the right of a prospective renter to be in this country, before renting to them, and it is discovered they rented to an illegal alien, then they are aiding and abetting illegal human trafficking and need to go to jail... No second chance. Do the same for Doctors, Lawyers, anyone who should have reasonably suspected an individual may be in this country illegally but failed to use E-verify or too inform the US Customs and Immigration service... should be prosecuted as aiding and abetting illegal alien trafficking and be jailed.

Focus on US CItizens profiting from illegal alien trafficking... put them... not the illegals in jail, fine them, seize any property (rental, monies, licenses, etc.) that they used in aiding and abetting the illegals and watch just how fast jobs dry up, landlords refuse to rent to illegals aliens, and how Mayors, Governors, and city counsels suddenly realize they must follow the law...

DO THESE THINGS AND ALL 30 PLUS MILLION ILLEGAL ALIENS WILL SELF DEPORT IN LESS THAN A YEAR... and without one dime of taxpayer monies needed to remove them.  The Communist Party in America will be exposed for what it is and the politicians violating the laws of the US put in Jail where they belong.

good morning Mr. Nelson,

 Tif...it was more of a Anonymous tip, that helped Tif find out this info. even the true voting.

Mike Pence is against Trumps' Boarder Wall.

Mike Pence helped build the "bill" for Health Care for Illegals, and or voted for it. I will let you guys know or Tif will.

 But hey man, 16 Million Illegals, this means even Fox News is as bad as CNN for Fake News.

 Now who is blowing smoke up our..a**

Wake Up, its time to have a Tea Party wake up Ronald, its your favorite blond bombshell hard at work and please do see my last two comments:

Now also see Islamic Immigration Amendments- US Law, George Soros's ACLU Foundation is hard at work to destroy America's Foundation Of Constitutional Laws.

http://teapartyorg.ning.com/forum/topics/islamic-indoctrination-hit...

Opps!!! here is something different- Walmart FEMA Camp ‘Fact’ 'ABC News' DACA Dream Act Immigration Detention For Children: http://teapartyorg.ning.com/forum/topics/walmart-fema-camp-fact-abc...

LOL Tif

RSS

LIGHTER SIDE

ALERT ALERT

Clinton Donor And Tax Cheat Tied To Russia

“Do as we say, not as we do.”

That seems to be the slogan for Hillary Clinton and her political allies, and it’s especially apt in light of new information about one of Clinton’s largest campaign donors.

While the left is still trying to attack President Trump and his family over unproven business dealings and largely debunked connections to Russia, a new report indicates that it was Hillary Clinton’s team who were doing those exact things.

“Fox News has learned that one of the top donors to the ‘Hillary Victory Fund’ (HVF) in 2016 was a Los Angeles-based attorney who is alleged to have misused company funds to create his own $22 million real estate portfolio,” that outlet reported on Thursday.

“He has also been considered by California to be one of the state’s biggest tax cheats, and allegedly has ties to the (Russian) Kremlin,” Fox continued.

The man’s name is Edgar Sargsyan. His deep pockets greatly benefited Clinton’s campaign, with contributions of at least $250,000 to the Hillary Victory Fund in 2016.

He was also in charge of an elite fundraising dinner to benefit Clinton, where donors paid $100,000 per couple just to attend the ritzy event. But in true Clinton fashion, the money apparently went missing.

Sargsyan is now “being sued by his former company for allegedly diverting those funds to start his own real estate company,” according to Fox.

Now, people are asking hard questions about Clinton’s buddy Sargsyan, including whether his contributions were part of a pay-to-play scheme and if he had shady connections to foreign governments.

“Nobody gave to the Hillary Victory Fund out of the goodness of their heart or some generalized desire to help 33 random state parties,” pointed out attorney Dan Backer from the Committee to Defend the President.

“They did so to buy access and curry influence — something the Clintons have been selling for nearly three decades in and out of government,” he continued.

Trying to buy political influence is sadly common, especially when it comes to the Clintons. What is raising more red flags than normal, however, is the evidence that Sargsyan is no run-of-the-mill campaign donor.

“The really scary question is, what did this particular donor with this strange web of connections hope to buy for his quarter-million dollars?” Backer asked Fox News.

That web of connections is strange indeed.

The Committee to Defend the President is now alleging that SBK, a major Sargsyan-linked company “is an investment firm that is affiliated with United Arab Emirates president, Sheikh Khalifa bin Zayed al-Nahyan, and its international affiliate has business interests in Russia,” according to Fox.

“Among its dealings was a bid to finance $850 million for a major bridge project to connect Crimea with Russia,” the group claims.

“He worked for SBK, and SBK appears to have bid on some Crimean/Russian bridge project,” Backer said. “That’s usually an indicator of political favor and connections.”

It raises several chilling questions: Was Sargsyan paying a quarter million dollars to Clinton for political favors, and — more disturbingly — was that money actually from sources in Russia in order to smooth the way for its construction plans?

Nobody knows for sure. What is clear, however, is that there is a pattern of dirty money surrounding the Clintons, with the “Uranium One” and “Clinton Foundation” scandals just two of the most well-known examples.

“It reinforces how fast and loose the Clinton machine was when it came to ‘Hoovering up’ these megadonor checks, not just from questionable Hollywood and Wall Street elites but potentially from foreign influence peddlers using who knows what money,” Backer told Fox News.

“It reinforces the need to take a long hard look at not just the unlawful money laundering process, but the way in which they were solicited as well,” he continued. “The Clintons have never shown a great deal of concern for whomever it was cutting the checks — whether it’s foreign influence peddlers or Hollywood smut peddlers like Harvey Weinstein.”

If those claims are even partially true, then America dodged a bullet in November of 2016 — and it’s worth keeping the pile of foreign-connected Clinton scandals in mind the next time the left tries desperately to tie Donald Trump to Russia. Perhaps they should look in the mirror.

SLAVEHOLDER??

Washington Post Compares
Jeff Sessions To Slaveholder’

The Washington Post compared Attorney General Jeff Sessions to “slaveholders” after he quoted the Bible on Thursday while discussing his department’s policy of prosecuting all illegal immigrants who cross the border.

Sessions made the statement during a speech to law enforcement officers in Fort Wayne, Indiana.

WaPo ran a story entitled “Sessions cites Bible passage used to defend slavery in defense of separating immigrant families” by general assignment editor Keith McMillan and religion reporter Julie Zauzmer on Friday.

Rather than detailing the statistics Sessions cited in the speech that explain the immigration policy, the story quoted John Fea, a history professor at Messiah College in Pennsylvania.

“This is the same argument that Southern slaveholders and the advocates of a Southern way of life made,” Fea said.

Sessions spent much of the speech discussing the numbers behind current immigration policy, including separating families at the Southwest border.

“I would cite you to the Apostle Paul and his clear and wise command in Romans 13, to obey the laws of the government because God has ordained the government for his purposes,” Sessions said.

“Orderly and lawful processes are good in themselves. Consistent and fair application of the law is in itself a good and moral thing, and that protects the weak and protects the lawful.”

“The previous administration wouldn’t prosecute aliens if they came with children,” Sessions said.

“It was de-facto open borders if you came with children. The results were unsurprising. More and more illegal aliens started showing up at the border with children.”

Sessions laid out the numbers in the speech.

“In 2013, fewer than 15,000 family units were apprehended crossing our border illegally between ports of entry in dangerous areas of the country,” he said.

“Five years later, it was more than 75,000, a five-fold increase in five years. It didn’t even have to be their child that was brought, it could be anyone. You can imagine that this created a lot of danger.”

The U.S. has the “opportunity” to fix its broken immigration system now, Sessions said.

“I believe that’s it’s moral, right, just and decent that we have a lawful system of immigration,” he said. “The American people have been asking for it.”

© 2018   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service