Rickey's Place

Civil debate on any subject

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The owner's name is Rickey Braddam.
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The opinions expressed herein are my own personal opinions and do not represent my employer's view in anyway.

© Copyright 2008

Pro-Life

There may be as many different definitions of "Pro-Life" and "Pro-Choice" as there are people using one of those labels for themselves or others. Mine is just like anyone else's, unique and totally mine in spite of any resemblance to anyone else's. I do not seek to change, or even challenge, anyone else's beliefs but only to describe mine so that if, in the future, it comes up in discussion you'll know why I say what I do.
IMAO, both sperm and egg are alive prior to fertilization of an egg, but each contains only half the DNA required to define a human. The point of that is, that there is no point at which life begins - life is already there. AFTER fertilization, the egg contains all the DNA required, and is a human being. We recognize infancy, adolescence, and adulthood as stages of growth of a person, to not recognize the period of growth from fertilization of the egg to birth as a similar stage of growth is illogical at best. The egg may be part of the mother until she ovulates and releases it, but after that it is independent of her and can even be fertilized then implanted in a different woman and survive to birth. Also, to consider a baby part of the mother because it is Dependant on her is like considering a child part of the Department of Education if they qualify for free lunches at school. Tell me, does the mother's blood circulate in the fetus?
Having said all that, I do NOT think that issues like Pro-Life/Choice are within the domain of the Federal Government's delegated authority. In fact, I believe that those issues are specifically prohibited to the Federal Government in the First Amendment where it is prohibited from establishing a State Church and thereby a State definition of morality and/or religion. That's state in the sense that countries are states.
I may expand on this at a later date and consider the term 'state' as one of the several states of the United States, but for now I'll close with a question.
Why is it that if a woman decides to abort her pregnancy and the fetus/baby dies it isn't even a crime, but if someone kills her and consequently the fetus/baby dies the killer's punishment can be elevated from a prison sentence to the death penalty?

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Categories: Social Issues
Posted by RBraddam on Wednesday, February 13, 2008 8:14 AM
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Conservatives need to organize

I'm sick of PC non-action! Fortunately, I've been shown a way to correct that problem. First, we have to identify the problem, and the problem is us. We are still too fractured, which limits our effectiveness when we try to influence our legislators. We can fix that.

Keep in mind that we have already proved that we can be effective. We killed the Comprehensive Immigration Reform Act TWICE! We killed the DREAM Act and the AgJOBS Act. We showed our legislators and ourselves where the real power lies in our country. Now it's time to formalize it.

Someone else posted a link to something called the Bonn Temporary Amnesty Initiative, also called the Safe America Act. Mr. Bonn has drafted a bill which can get all the illegal aliens out of the country in 16 months! I've read it and it looks like it should work.

Someone else posted a response saying that it was amnesty and there was no way they could support it. Well, that piqued my interest enough to cause me to take the link and read more. The BTAI/Safe America Act does contain amnesty, but only to the extent of immunity from prosecution for immigration-related offenses. It does not provide ANY path to citizenship, those who wish to return must go to the back of the line and apply for a visa just like everyone else.

BTAI uses the carrot and stick approach to get them to volunteer to leave. The carrot is essentially a bribe - and ATM card with $1000 for an adult or $600 for a child, that they get when they return to their home country. They can't just go home, get the card, and come back because they get it in 12 deposits to their card account over a year's time. That's a lot of money when applied to all the illegal aliens in the country, but it's still less than it would cost us for them to stay in the country for another year or two. The stick is that if they are still in the country when the program ends they are automatically classified as Class 1 Felons and will be considered to be terrorists. Every law enforcement agency in the country will be used to hunt and capture them. Even the National Guard and the military (under civilian control) will be used.

That should be enough to get any patriotic American interested enough to take the following link and check it out for themselves. PLEASE look at it, then download the PDF file and read the whole bill. It is very detailed, including humanitarian issues.

The Patriot Union of America 

Every special interest group (SIG) in the country has its own political action committee (PAC). They use those PACs to get laws passed that favor their interests. It's time we had one of our own, a patriot action committee... or perhaps a Patriot Union of America. We used ALIPAC, Grassfire, NumbersUSA, Public Citizen, Townhall and others to good effect but we can be much more effective if we organize better. We need to make our legislators understand that we are watching everything they do, not just immigration. We can clean out DC if we concentrate our efforts and combine our voices better. "Hold their feet to the fire" has never been a more appropriate phrase.
If the Congress of the United States (both houses) will not represent us and our States, it's time we formed an organization for ourselves. After all, we are the largest special interest group.

While you're at it, click on the link to the left (in Blogroll) for The Constitution Party and maybe you will find, like I have, where you were supposed to be all along.

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Categories: Constitution
Posted by RBraddam on Saturday, February 09, 2008 1:50 PM
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Conspiracy theory

The immigration problem, as big as it is, is only part of a bigger problem. The bigger problem is international trade, or rather, what the international traders will do to maximize their profits.

Here it started with NAFTA and continues with the SPP - Security and Prosperity Partnership. They will morph into a North American Community, and that will eventually become the North American Union. That is exactly how the Eureopean Union was developed.

Then there is the Law of the Sea treaty, which the Senate is inclined to ratify and the President has already stated he will sign.

With each step along the way a little more of the Sovereignty of the United States will be eroded away. Think it can't happen?

Then ask yourself how Mexico can interfere with the execution of a Mexican national in Texas? President Bush directed that his case be "reviewed" because he hadn't been advised that he could seek help from the Mexican Consulate. What standing does a Mexican Consulate have in a Texas court?

There may be specific reasons for allowing illegal immigration and the subsequent strain on the U.S. economy.

At least three of the top four Republican presidential candidates and three of the top four Democrats, plus more than three of the top Bush Admin officials are reported to be members of the same international business organization. The source of that may not be very reliable, but we should be VERY wary on the off chance that it is correct.

Why aren't Duncan Hunter and Tom Tancredo getting more press coverage? They both have some interesting positions on important issues. They both have positions which contradict the front-runners on important issues.

I'm not sure, now, that things are much different than they would have been if Kerry had been elected. I'm not sure things will be much different if Hillary is elected. Two or three more months and we won't be able to tell the parties apart.

Sure, there will be a lot of dirt-throwing and squabbling, but after the election not much will change if any of the front runners are elected.

One of them WILL be elected if we don't short-circuit them in the primary elections. To do that, we need to come together on ONE candidate to overcome the big money donations of the 'big guys'.

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Categories: Constitution
Posted by RBraddam on Saturday, February 09, 2008 1:48 PM
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Anchor babies

I propose that the excerpt below, from USC Title 8, does not confer citizenship upon the children of illegal aliens.

§ 1401. Nationals and citizens of United States at
birth
The following shall be nationals and citizens of the United States at birth:


(a) a person born in the United States, and
subject to the jurisdiction thereof; [my emphasis added]


(b) a person born in the United States to a
member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

Just think about it. Why is paragraph (b) necessary? Would not a member of an Indian, Eskimo, Aleutian, or aboriginal tribe already be a citizen of the United States if born here? Maybe not. Their tribes are recognized as independent nations within the U.S. and not subject to the jurisdiction thereof. That means it is possible to be born within the United States and not be subject to the jurisdiction thereof.

I believe that an illegal alien or immigrant (parent) is not subject to the jurisdiction of the United States until (in the case of an immigrant) they take the oath of allegiance. It is that oath which puts them under the jurisdiction of the United States. I submit that a newborn baby is under the jurisdiction of its parents, and its citizenship is that of its parents.
 
If that is not true, then the U.S. can take a newborn baby from its parents, then deport the parents and keep the baby. Not that we would, but it would be legal under the law if we interpret the law that way. Actually, that is exactly what happened with Elvira Arellano. She was deported but her son was allowed to stay. If the law had been properly applied her son would have accompanied her.

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Categories: Constitution
Posted by RBraddam on Saturday, February 09, 2008 1:46 PM
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Research funding for medicines

The 'structure' of our health care system is up-side down.

The federally funded programs we have are focused on paying for doctor, hospital, and preventative costs, while research and development are done by private pharmacological corporations. Those corporations patent their findings and charge high prices for them to recover the costs of the research and generate profits.

Maybe if we reversed that the system would work better.

I mean, let's pay for the development of new medicines with public funds, and the patents for new ones be owned by the government. When new ones are found and tested the gov't could license ALL the 'pharma' companies to produce them. That way every new drug would be a 'generic' from day one. The producers would face price competition and the drugs would be less expensive.
Not only that, but more resources could be directed at natural sources for new medicines. Has anyone bought any vitamens lately that say "with Lycopene" on the label? Lycophene has been available in health food stores for a long time, and has been proven to be effective in improving 'heart health'. It's the chemical in some vegetables that gives them their red color. Plant extracts (phytochemicals) do not treat the symptoms of a disease or condition, they cure the disease or correct the condition. Unfortunately, phytochemicals can't be patented because they occur in nature, so corporations can't make big profits from them.

Wal-Mart fills prescriptions for a large number of generic medications for $4.00 each. How much would insurance costs go down if ALL medications were $4.00 per prescription?

I know that we provide grants and other forms of 'support' for developing new medicines already... so why do the companies who develop those new medicines get the patents? Or do they?

The other side of the system is insurance. If the price of drugs came down significantly the cost of insurance would also come down. An 'assigned risk" system could be used to ensure that insurance is available to everyone. Insurance companies could get tax deductions for the 'above normal' costs (to them) of servicing high-risk policies. They also adjust rates based on personal choices which statisically increase the risk of a high pay-out.
The general idea is to get the government out of the insurance business and put them into the business of co-ordinating and funding research. Sure, research is expensive, but I think that the savings to the public would substantially outweigh the costs of research. Additionally, researchers would be just as motivated to find naturally occuring treatments and cures as to developing expensive procedures to synthesize drugs from those naturally occuring chemicals.

Crazy idea?

P.S. There are already natural treatments and cures for many of our problems, like cancer and diabetes.

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Categories: Social Issues
Posted by RBraddam on Saturday, February 09, 2008 1:37 PM
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Treaties

The Constitution of the United States is an amazing document. It establishes the three branches of the U.S. government with limitations on each and grants authority to each branch to act within those limitations. It is the supreme law of the land and can only be changed by an amendment ratified by the States. This is what I was taught in school: the Declaration of Independence, the Constitution of the United States, and the amendments.

It is not strictly true.

The President, in accordance with Article II, Section 2, Paragraph  2: "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur;"

We all know that the President can negotiate a treaty, and that it has to be ratified by a two-thirds vote in the Senate. That doesn't sound too bad. YET!

And according to Article VI, Paragraph 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, or which shall be made, under Authority of the United States, shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 

Whoa, what's this? ANY treaty, once ratified and signed by the President, effectively becomes a part of the Constitution! Treaties only have to be ratified by two-thirds of the Senate, but amendments to the Constitution have to be ratified by three-fourths of the States! It's easier to change the Constitution by treaty than by amendment.

Like the Law of the Sea, for example. That treaty has been described as the biggest international undertaking in all of history. It creates a massive bureaucracy under the auspices of the United Nations and controlled by them. The "one state, one vote" power structure of the United Nations theoretically allows states with just eight percent of the world's population to pass a resolution by two-thirds vote.

I don't like it!
 
Now, when the Senate tries to "ram" something like the Law of the Sea treaty (or the Comprehensive Immigration SCAMNESTY bill!) through without debate by "unanimous consent", something smells fishy. Why don't they want to debate it publicly, allowing the citizens of the U.S. to learn what the treaty obligates us to and/or what outside authority the treaty might place over us? WHAT is the SENATE trying to hide from us?

I'm not saying that we should NOT approve of the Law of the Sea treaty. I'm not saying that it is a bad thing. I'm just saying that we should KNOW what it is we are getting into BEFORE we get into it. It's very difficult to get the general population to agree on making changes, especially significant changes, to the structure of the government. THAT'S THE WAY IT SHOULD BE! Such changes should not be possible with just a two-thirds vote of the Senate and the President's signature.

NAFTA is a DISASTER. It is the "baseline" from which is derived the Security and Prosperity Partnership, and the SPP is the base upon which the North American Community will be built. The North American Community will evolve into the North American Union. Those are the exact steps used to establish the European Union.

The Law of the Sea treaty could be the first step toward establishing the United Nations as a global government. No sane American wants that. We've seen how good the UN is at getting anything done (unless it's an under-the-table deal for highly placed officials). We've seen how good they are at enforcing their resolutions. Personally, I'd rather send the UN packing. I'm sure either New York City or the Federal government could make better use of the building(s) and facilities. But that's just me.

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Categories: Constitution
Posted by RBraddam on Saturday, February 09, 2008 1:33 PM
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Guadalupe-Hidalgo

It seems like the President and many in Congress want to merge the U.S. with Canada and Mexico. I was just wondering about something. With statements made by the previous and current Presidents of Mexico, they have already abrogated the Treaty of Guadalupe-Hidalgo which ended the war between Mexico and the U.S. and that should return us to a state of war. Mexico has encouraged her citizens to cross the border illegally and take up residence in the United States in violation of our immigration laws. The President of Mexico has publicly stated that "where there is a Mexican, there is Mexico." The President of the U.S. has told the Mexican people (when he was in Mexico) that he would work for them on immigration issues.

If the President and Congress really want to extend U.S. Constitutional protections and federal privileges to citizens of Mexico, why don't they just annex Mexico? Annex Mexico and everybody gets what they want. The President and those globalists he represents get two thirds of the North American "Community" (Union) they want, Mexicans get free access to all of the U.S. rights and privileges we have (because when we annex Mexico we make all Mexican citizens U.S. citizens), businesses get all the labor they can use BUT they have to pay them at the going legal rate, we eliminate the need for a border fence, we eliminate delays in border crossings, the advantages go on and on.

Just wondering.

Rickey Braddam

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Categories: Alien Invasion
Posted by RBraddam on Saturday, February 09, 2008 1:26 PM
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To vote, or not to vote

OK, I messed up. I stayed home in 2006 and helped us lose both the House of Representatives and the Senate. It wasn't a conscious decision to get even with Bush and the GOP, but I was plenty PO'd. What I did was wrong.

I have a chance to try to correct my error, though, and that is why I started this blog. That, and Townhall started limiting comments to articles so much that I couldn't post sections of Title 8, USC, of sufficient length to show that I wasn't 'cherry picking' info to mislead someone.

Several have commented to articles that they would not vote if the Republican candidate was X, or would only vote if it was Y. That is extremely counter-productive and can easily result in the Democrats controlling both houses and the President's office. Some have commented that if that happens they would strongly consider taking up arms. That won't be necessary. We have the strength if we build the determination to succeed to take back one if not both houses as well as keep the Presidency.

But we MUST vote.

First, we MUST VOTE in the Primary elections. That means we must convince any who left the Republican Party to re-register as Republicans. We need their votes in the Primaries to help ensure that we are able to overcome any candidates fueled by big money machines. We have to make sure that we don't have to vote for a candidate who has been bought before the general election even happens.

Second, we MUST accept the winner of the Primary election as the Republican candidate, warts and all. How can we expect to be able to bring swing voters to our cause if we can't demonstrate solidarity and unity among ourselves. No one will side with a disorganized crowd or mob. We must all adopt winning the Presidential election as our most important goal. We can discuss the merits and flaws of those we have to choose from publicly and loudly until the Primary, but once the choice is made we must all support that choice whole-heartedly. Anything less dooms our candidate to failure.

That doesn't mean we can't establish conditions before the Primary. Below are some I would like to have adopted.

Our candidate must be honest beyond reproach. He must hold the Constitution as the supreme law of the land in all things political. He must be dedicated to enforcing the Nation's laws fully, equally, and completely.

I would like each candidate to sign a pledge to choose the first runner-up in the Primary as his candidate for the Vice-President, and that he would accept being chosen if he were the first runner-up. First, by virtue of being the first runner-up, he is our second choice for the Presidency. Therefore, it is logical that he should be the one first in line to succeed the President, act as President when (and if) necessary, and ascend to the Presidency if necessary. We can always short-circuit that line at the Primaries if we find it necessary.

I'll stop here for now and watch for comments, then add more later.

Well, it's later... and it looks like John McCain will be the Republican candidate. I'll vote a straight Republican ticket downstream, but I absolutely can not vote for McCain. I just can't. I see the man as a bald-faced liar, a liberal, and one who stands against everything I believe in. His stand for amnesty for criminal alien invaders is a deal-breaker. Sorry.

 NOW it's even later. McCain pulled off a miracle for himself, and possibly for us too. He selected Sarah Palin as his Vice Presidential candidate. That changes everything... with the addition of the Republican Party platform which proclaims that the Republican Party is against amnesty for illegal aliens. Now I have someone to vote FOR who can help steer the Republican Party toward the Constitution and Conservative principles. There isn't TIME to build a third party that is strong enough to defeat either major party. If McCain doesn't follow the Constitution (strictly!) we have four years to build the Constitution Party and we can work to defeat any attempts he might make to take our country farther to the left.

The main thing is: GET OUT AND VOTE on November 4th! That's the only say-so we have and the only way we have to hold our public servants accountable for their actions. If we don't do our jobs of controlling them we deserve to be controlled BY them!

Rickey Braddam

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Categories: Election 08
Posted by RBraddam on Saturday, February 09, 2008 1:13 PM
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Murtha

His military record is history, what is important now is what he has done recently. He has opened his mouth on the record on numerous occasions and exposed a character that is very disturbing to many of us.

The most troublesome thing for me is his pre-investigation/pre-trial conviction of the Marines accused in the incident at Haditha. Whether any of our Marines were guilty of crimes or not, Murtha's words will be broadcast repeatedly to Muslims all over the Middle East. They will use his words to incite young Islamics to join the Jihad against America. Now, to top it all off:

http://www.newsmax.com/archives/articles/2007/8/9/220042.shtml?s=al&promo_code=3863-1
and a longer article here:

http://www.newsmax.com/archives/articles/2007/4/24/164012.shtml

From which this is excerpted:
"Much of that evidence remains classified, but it includes videos of the entire day's action, including airstrikes against insurgent safe houses. Also included was all of the radio traffic describing the ongoing action between the men on the ground and battalion headquarters, and proof that the Marines were aware that the insurgents conducting the ambush of the Kilo Company troops were videotaping the action — the same video that after editing ended up in the hands of a gullible anti-war correspondent for Time magazine."


That isn't all, though. He has taken money from the U.S. treasury and given it to his constituents via earmarks. That many others in Congress have done the same thing does not excuse him for doing it. His own constituents should recognize that he is being dishonest and buying their votes. I would be very offended if one of my legislators thought they could buy me.

He has publicly threatened, loudly and aggressively, his peers who had the nerve to question earmarks he was defending.

My view on that is best expressed by this article on Davey Crockett:
http://www.lewrockwell.com/orig4/ellis1.html

There is nothing to prevent me, nor any of you, from donating to candidates running for Congressional seats in states other than our own. I won't do that as a matter of course, but there are certain ones I think need to be replaced because they are traitors to the Constitution. I will help support replacements for them.

The one thing our Representatives and Senators have proven beyond any doubt is that the government is totally incompetent at running any kind of business. For examples, just look at Social Security (Insurance), IRS, any part of the Department of Education, FDA... but this list could go on forever.

I want to get this posted today, so I'll stop for now and come up with a new rant later.

Rickey Braddam

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Categories: Legislators
Posted by RBraddam on Saturday, February 09, 2008 1:10 PM
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Employing unauthorized aliens (long)

This is to show that it is illegal to employ an illegal alien and that the penalty for doing so can be quite severe. The climate is changing, and I'm not talkiing about Global Warming. All it will take is for one person or family to find a path to take legal action against a highly-placed government official and we will see vigorous enforcement of all the immigration laws. When that happens, a lot of employers will go to prison, and some of them for a very long time.

Title 8 USC paragraph 1324a reads as follows:
(a)
Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)
(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or
(ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
(3) Defense
A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) of this section with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) Use of labor through contract
For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).
(5) Use of State employment agency documentation
For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3) of this section) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) of this section with respect to the individual’s referral.
(6) Treatment of documentation for certain employees
(A) In general
For purposes of this section, if—
(i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and
(ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) of this section with respect to the employment of the individual,
the subsequent employer shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5) of this section.
(B) Period
The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States.
(C) Liability
(i) In general If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) of this section and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States.
(ii) Rebuttal of presumption The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States.
(iii) Exception Clause (i) shall not apply in any prosecution under subsection (f)(1) of this section.
(7) Application to Federal Government
For purposes of this section, the term “entity” includes an entity in any branch of the Federal Government.
(b) Employment verification system
The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) of this section are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
(1) Attestation after examination of documentation
(A) In general
The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining—
(i) a document described in subparagraph (B), or
(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.
(B) Documents establishing both employment authorization and identity
A document described in this subparagraph is an individual’s—
(i) United States passport; [1]
(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document—
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,
(II) is evidence of authorization of employment in the United States, and
(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization
A document described in this subparagraph is an individual’s—
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or
(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual
A document described in this subparagraph is an individual’s—
(i) driver’s license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver’s license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E) Authority to prohibit use of certain documents
If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.
(2) Individual attestation of employment authorization
The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this chapter or by the Attorney General to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or an electronic signature.
(3) Retention of verification form
After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending—
(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
(B) in the case of the hiring of an individual—
(i) three years after the date of such hiring, or
(ii) one year after the date the individual’s employment is terminated,
whichever is later.
(4) Copying of documentation permitted
Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
(5) Limitation on use of attestation form
A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this chapter and sections 1001, 1028, 1546, and 1621 of title 18.
(6) Good faith compliance
(A) In general
Except as provided in subparagraphs (B) and (C), a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement.
(B) Exception if failure to correct after notice
Subparagraph (A) shall not apply if—
(i) the Service (or another enforcement agency) has explained to the person or entity the basis for the failure,
(ii) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure, and
(iii) the person or entity has not corrected the failure voluntarily within such period.
(C) Exception for pattern or practice violators
Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) of this section.
(c) No authorization of national identification cards
Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
(d) Evaluation and changes in employment verification system
(1) Presidential monitoring and improvements in system
(A) Monitoring
The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) of this section provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
(B) Improvements to establish secure system
To the extent that the system established under subsection (b) of this section is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) of this section as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
(2) Restrictions on changes in system
Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
(A) Reliable determination of identity
The system must be capable of reliably determining whether—
(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
(ii) the employee or prospective employee is claiming the identity of another individual.
(B) Using of counterfeit-resistant documents
If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
(C) Limited use of system
Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.
(D) Privacy of information
The system must protect the privacy and security of personal information and identifiers utilized in the system.
(E) Limited denial of verification
A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
(F) Limited use for law enforcement purposes
The system may not be used for law enforcement purposes, other than for enforcement of this chapter or sections 1001, 1028, 1546, and 1621 of title 18.
(G) Restriction on use of new documents
If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this chapter (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18) nor to be carried on one’s person.
(3) Notice to Congress before implementing changes
(A) In general
The President may not implement any change under paragraph (1) unless at least—
(i) 60 days,
(ii) one year, in the case of a major change described in subparagraph (D)(iii), or
(iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D),
before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress.
(B) Contents of report
In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for unauthorized use or disclosure of the information or identifiers contained in such system.
(C) Congressional review of major changes
(i) Hearings and review The Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of any major change described in subparagraph (D), shall hold hearings respecting the feasibility and desirability of implementing such a change, and, within the two year period before implementation, shall report to their respective Houses findings on whether or not such a change should be implemented.
(ii) Congressional action No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change.
(D) Major changes defined
As used in this paragraph, the term “major change” means a change which would—
(i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,
(ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or
(iii) require any change in any card used for accounting purposes under the Social Security Act [42 U.S.C. 301 et seq.], including any change requiring that the only social security account number cards which may be presented in order to comply with subsection (b)(1)(C)(i) of this section are such cards as are in a counterfeit-resistant form consistent with the second sentence of section 205(c)(2)(D) of the Social Security Act [42 U.S.C. 405 (c)(2)(D)].
(E) General revenue funding of social security card changes
Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection shall not be paid for out of any trust fund established under the Social Security Act [42 U.S.C. 301 et seq.].
(4) Demonstration projects
(A) Authority
The President may undertake demonstration projects (consistent with paragraph (2)) of different changes in the requirements of subsection (b) of this section. No such project may extend over a period of longer than five years.
(B) Reports on projects
The President shall report to the Congress on the results of demonstration projects conducted under this paragraph.
(e) Compliance
(1) Complaints and investigations
The Attorney General shall establish procedures—
(A) for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1) of this section,
(B) for the investigation of those complaints which, on their face, have a substantial probability of validity,
(C) for the investigation of such other violations of subsection (a) or (g)(1) of this section as the Attorney General determines to be appropriate, and
(D) for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) of this section under this subsection.
(2) Authority in investigations
In conducting investigations and hearings under this subsection—
(A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated,
(B) administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and
(C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2).
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
(3) Hearing
(A) In general
Before imposing an order described in paragraph (4), (5), or (6) against a person or entity under this subsection for a violation of subsection (a) or (g)(1) of this section, the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5. The hearing shall be held at the nearest practicable place to the place where the person or entity resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General’s imposition of the order shall constitute a final and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated subsection (a) or (g)(1) of this section, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (4), (5), or (6).
(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2) of this section, the order under this subsection—
(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of—
(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
(B) may require the person or entity—
(i) to comply with the requirements of subsection (b) of this section (or subsection (d) of this section if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and
(ii) to take such other remedial action as is appropriate.

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Categories: Alien Invasion
Posted by RBraddam on Saturday, February 09, 2008 1:08 PM
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