gaconservative74 wrote:
No idea where you live, but if you really believe that the Hispanic people in this country are all legally here you are mistaken. I live in an area where there are a lot of Hispanics and know for a fact that a large number of them are here illegally. You might ask how I know and might think this is somebody's "talking points" but I used to own a business and had some work for me before the e-verify age. Every couple of months they would bring a new id in because they were illegal. They would inform me of their illegal status. There would be no gain for them to tell me they were illegal if they weren't. Just saying.
No idea where you live, but if you really believe ... (
show quote)
You might want to be careful of what you admit in writing. Take a look at the actual law even though the feds are not enforcing it unless it helps their agenda. I have included a few extra references for anyone who would like to further investigate the laws. If enforced this would eliminate those city mayors that give a pass to i******s.
The following is an overview of one part of federal law on hiring and harboring i*****l a***ns. In addition to the federal statutes referenced, 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 i*****l a***ns. The RICO act can also be applied to the activities of those who assist in the continuation of illegal acts which include assisting i*****l a***ns. Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime.
Encouraging and Harboring I*****l A***ns
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 t***sportation, any alien who is in the United States in violation of law.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.17 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 i*****l a***ns 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.18 Any person who within any 12-month period hires ten or more individuals with actual knowledge that they i*****l a***ns or unauthorized workers is guilty of felony harboring. 19
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.20 This crime applies to any person, rather than just employers of i*****l a***ns. Courts have ruled that “encouraging” includes counseling i*****l a***ns to continue working in the U.S. or assisting them to complete applications with false statements or obvious “errors”.21 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 20 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. 22 Courts can impose consecutive prison sentences for each alien smuggled or harbored.23 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.24
Conspiracy to commit the crimes of sheltering, harboring, or employing i*****l a***ns is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment.25
1. INA 274A(a)(1)(A).
2. INA 274A (a)(2).
3. INA 274B(a)(4).
4. INA 274A(a)(1)(B)(i).
5. 46 USC 8704, 8 CFR 274a.1(f), (h).
6. Jenkins v. INS, 108 F.3d 195, (9th Cir.1997).
7. 8 CFR 274a.1(g).
8. 52 Fed. Reg. 16219 (May 1, 1987).
9. 8 CFR 274a.2(b)(1)(iii).
10. 8 CFR 274a.1(l).
11. 8 CFR 274a.1(l)(1).
12. Seven Star Inc. v. U.S., 933 F. 2d 791 (9th Cir., 1991).
13. AFSC v. Thornburgh 961 F.2d 1405 (9th Cir. 1992), Intercommunity Center for Peace and Justice v. INS, 910 F.2d 42 (2nd Cir. 1990).
14. U.S. v. Merkt 794 F.2d 950 (5th Cir. 1986), cert. denied 480 US 946.
15. INA 275(d).
16. INA 274(a)(1)(A)(iii).
17. U.S. v. Lopez, 521 F.2d 437 (2nd Cir 1975), cert. denied 423 US 995.
18. U.S. v. Kim, F.3d ---, 1999 WL 803256 (2nd Cir. Oct. 8, 1999).
19. INA 274(a)(3).
20. INA 274(a)(1)(A)(iv).
21. U.S. v. Oloyede, 982 F.2d 133 (4th Cir. 1992).
22. 274(a)(1)(B).
23. Vega-Murillo v. U.S., 247 F.2d 735 (9th Cir. 1957), cert. denied 357 U.S. 910.
24. U.S. v. Sanga, 967 F.2d 1332 (9th Cir. 1992).
25. 18 USCS 371