Rickey's Place

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The owner's name is Rickey Braddam.
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Anarchy Prevails!

I propose that the Rule of Law no longer exists in the United States and that a state of Anarchy prevails. In support of that I can point to several examples.

There are estimated to be 12 to 20 million people of various nationalities in the United States in open violation of U.S. immigration laws. They have no fear of the laws being enforced, witness the demonstrations of a thousand or more of them demanding the privileges of citizenship. Some of them use fraudulent identification to apply for jobs or government assistance for themselves and their families. Thousands of businesses employ them in violation of the law and some additionally harbor them (a felony on the first offense) or transport them (also a felony on the first offense). These things by themselves are strongly indicative of a state of anarchy.

Now consider the Congress of the United States (both houses) and the Executive Department of the United States... by their lack of action to enforce the laws of the Unites States they have perjured their oath of office. They have sworn to uphold the laws of the United States and have failed to do so. They are complicit before the fact in every crime committed by a person who is inside the United States illegally because they failed to correct the conditions which allowed those illegal aliens to be present in the U.S. to commit those crimes. That is to say that the crimes committed by illegal aliens could not have happened if those illegal aliens were not in the U.S. to begin with. By the way, the maximum penalty for a U.S. citizen who harbors an illegal alien who subsequently causes the death of another U.S. citizen is imprisonment for any period up to life or the death penalty. It's about time we started holding our government officials accountable for their actions or lack of action. Our problem is that it is the responsibility of the Justice Department to investigate and prosecute such crimes, the Justice Department works for the President of the United States (through the Attorney General), and the President does not want those crimes prosecuted! He wants Border Patrol agents prosecuted for shooting an escaping illegal alien felon in the ass (who has just brought $1 million worth of drugs into the U.S.) though.

More to add, will come back later, RHB

 

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Categories: Alien Invasion
Posted by RBraddam on Wednesday, May 21, 2008 1:53 PM
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This is Amnesty:

The following is the section from the Comprehensive Immigration Reform Act of 2007 (Scamnesty) that implements amnesty:

S 1639 PCS 644

‘‘(8) TEMPORARY STAY OF REMOVAL AND WORK

AUTHORIZATION FOR CERTAIN APPLICANTS.—
‘‘(A) BEFORE APPLICATION PERIOD.—Beginning on the date of enactment of the AgJOBS Act of 2007, the Secretary shall provide that, in the case of an alien who is apprehended prior to the first date of the application period described in subsection (c)(1)(B) and who can establish a non-frivolous case of eligibility for a Z–A visa (but for the fact that the alien may not apply for such status until the beginning of such period), the alien—

‘‘(i) may not be removed; and

‘‘(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.


‘‘(B) DURING APPLICATION PERIOD.—The
Secretary shall provide that, in the case of an alien who presents a non-frivolous application for Z–A visa during the application period described in subsection (c)(1)(B), including an alien who files such an application within 30 days of the alien’s apprehension, and until a final determination on the application has been made in accordance with this section, the alien—

‘‘(i) may not be removed; and

‘‘(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.

I've reformatted it so it will wrap to the web page window but I haven't changed any of the wording.

NOTES:

The above text is an amendment to United States Code Title 8 (available as a 505 page 2.41MB download), not a new law.

I consider the documentation requirements to support a "not-trivial" application to be trivial and easily forged.

Once an illegal alien has a work permit (and a Social Security card, since they can't work without one) there is no way to ensure that they will ever return to pay fines or complete their application for permission to stay legally.

The government can't stop convicted felons from re-entering the country and committing more crimes now, there is no reason to believe they will be able to do so in the future.

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Categories: Alien Invasion
Posted by RBraddam on Thursday, March 06, 2008 10:35 AM
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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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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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Harboring and transporting

It looks to me like the law against "harboring" illegal aliens could be very effective in motivating illegal aliens to leave the United States. It depends on whether the law is general enough to apply in situations they may not have originally intended. Or maybe they did, and I should have given them more credit...

I wonder if someone who picks up a truckload of workers at a parking lot (or at the side of the road) and takes them to a worksite of theirs could be prosecuted under (ii) below if the workers were illegal aliens? Note "reckless disregard".

Scroll down to the line of asterisks *************. The way I included it is verbatim from the link below. I also wonder if the phrase in (iii) that starts with "including" makes landlords liable for prosecution if they rent to illegal aliens?


The last part at the bottom of this  may be relevant when an illegal alien's residence can be determined. If I had property to rent I might be very careful about who I rented to if I could go to prison or even (possibly) get the death penalty because THEY got into an automobile accident and killed someone when they were DWI.

Chapter 12 of Title 8, USC is available here:
http://uscode.house.gov/download/pls/08C12.txt for anyone who wants to verify this.


    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

    Sec. 1324. Bringing in and harboring certain aliens

    (a) Criminal penalties
      (1)(A) Any person who -
        (i) knowing that a person is an alien, brings to or attempts to
      bring to the United States in any manner whatsoever such person
      at a place other than a designated port of entry or place other
      than as designated by the Commissioner, regardless of whether
      such alien has received prior official authorization to come to,
      enter, or reside in the United States and regardless of any
      future official action which may be taken with respect to such
      alien;
**********************************
        (ii) knowing or in reckless disregard of the fact that an alien
      has come to, entered, or remains in the United States in
      violation of law, transports, or moves or attempts to transport
      or move such alien within the United States by means of
      transportation or otherwise, in furtherance of such violation of
      law;
        (iii) knowing or in reckless disregard of the fact that an
      alien has come to, entered, or remains in the United States in
      violation of law, conceals, harbors, or shields from detection,
      or attempts to conceal, harbor, or shield from detection, such
      alien in any place, including any building or any means of
      transportation;
***********************************
        (iv) encourages or induces an alien to come to, enter, or
      reside in the United States, knowing or in reckless disregard of
      the fact that such coming to, entry, or residence is or will be
      in violation of law; or
        (v)(I) engages in any conspiracy to commit any of the preceding
      acts, or
        (II) aids or abets the commission of any of the preceding acts,

    shall be punished as provided in subparagraph (B).

      (B) A person who violates subparagraph (A) shall, for each alien
    in respect to whom such a violation occurs -
        (i) in the case of a violation of subparagraph (A)(i) or (v)(I)
      or in the case of a violation of subparagraph (A)(ii), (iii), or
      (iv) in which the offense was done for the purpose of commercial
      advantage or private financial gain, be fined under title 18,
      imprisoned not more than 10 years, or both;
        (ii) in the case of a violation of subparagraph (A)(ii), (iii),
      (iv), or (v)(II), be fined under title 18, imprisoned not more
      than 5 years, or both;
        (iii) in the case of a violation of subparagraph (A)(i), (ii),
      (iii), (iv), or (v) during and in relation to which the person
      causes serious bodily injury (as defined in section 1365 of title
      18) to, or places in jeopardy the life of, any person, be fined
      under title 18, imprisoned not more than 20 years, or both; and

        (iv) in the case of a violation of subparagraph (A)(i), (ii),
      (iii), (iv), or (v) resulting in the death of any person, be
      punished by death or imprisoned for any term of years or for
      life, fined under title 18, or both.

Rickey Braddam

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Posted by RBraddam on Saturday, February 09, 2008 12:59 PM
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The amnesty provisions in the Scamnesty Bill

Below is the section of Senate bill 1639 which grants immediate amnesty to all illegal aliens present in the United States on the day the Comprehensive Immigration Reform Act (Scamnesty) is enacted. S.1639 was the second attempt, and so far the last, to pass the Scamnesty Act in the Senate. If McCain is elected you can expect to see it back shortly after he takes office. There are several things to take notice of:

  • a work permit presupposes a Social Security card, in fact it could be JUST a Social Security card.
  • there is no definition of a period of validity for the work permit, making it permanent.
  • there is no inducement to get them to apply for a work permit, so why should they? They're already working in the country and are not seeking citizenship anyway. Since the laws are no more likely to be enforced than they have been for the last 42 years the illegal aliens have nothing to fear.
  • the Scamnesty Act is not a complete law unto itself, it's a series of patchwork-quilt amendments to existing law (Title 8, United States Code) so it is extremely difficult to determine precisely how the amended law will actually read.
  • the number of Z-A visas is limited to 1.5 million, but the number of Z-A Dependant visas is not limited.
  • Under United States law an immigrant must renounce allegiance to all other countries and/or governments, but under Mexican law a Mexican citizen keeps their citizenship even if they renounce it to get U.S. citizenship.

S.1639 PCS p643

‘‘SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.
‘‘(d) APPLICATION.—
‘‘(8) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS.—

‘‘(A) BEFORE APPLICATION PERIOD.—Beginning on the date of enactment of the AgJOBS Act of 2007, the Secretary shall provide that, in the case of an alien who is apprehended prior to the first date of the application period described in subsection (c)(1)(B) and who can establish a non frivolous case of eligibility for a Z–A visa (but for the fact that the alien may not apply for such status until the beginning of such period), the alien—
‘‘(i) may not be removed; and
‘‘(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.

‘‘(B) DURING APPLICATION PERIOD.—The Secretary shall provide that, in the case of an alien who presents a non frivolous application for Z–A visa during the application period described in subsection (c)(1)(B), including an alien who files such an application within 30 days of the alien’s apprehension, and until a final determination on the application has been made in accordance with this section, the alien—
‘‘(i) may not be removed; and
‘‘(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.

‘‘(e) NUMERICAL LIMITATIONS.—
‘‘(1) Z–A VISA.—The Secretary may not issue more than 1,500,000 Z–A visas.
‘‘(2) Z–A DEPENDENT VISA.—The Secretary may not count any Z–A dependent visa issued against the numerical limitation described in paragraph (1).

‘‘(f) EVIDENCE OF NONIMMIGRANT STATUS.—
‘‘(1) IN GENERAL.—Documentary evidence of nonimmigrant status shall be issued to each alien granted a Z–A visa or a Z–A dependent visa.

‘‘(2) FEATURES OF DOCUMENTATION.—Documentary evidence of a Z–A visa or a Z–A dependent visa—
‘‘(A) shall be machine-readable, tamper-resistant, and shall contain a digitized photograph and other biometric identifiers that can be authenticated;
‘‘(B) shall be designed in consultation with U.S. Immigration and Customs Enforcement’s Forensic Document Laboratory;
‘‘(C) shall serve as a valid travel and entry document for an alien granted a Z–A visa or a Z–A dependent visa for the purpose of applying for admission to the United States where the alien is applying for admission at a port of entry;
‘‘(D) may be accepted during the period of
its validity by an employer as evidence of employment authorization and identity under section 274A; and
‘‘(E) shall be issued to the alien granted the visa by the Secretary promptly after final adjudication of such alien’s application for the visa, except that an alien may not be granted a Z–A visa or a Z–A dependent visa until all appropriate background checks on each alien are completed to the satisfaction of the Secretary.

‘‘(g) FINE.—An alien granted a Z–A visa shall pay a fine of $100 to the Secretary.

‘‘(h) TREATMENT OF ALIENS GRANTED A Z–A VISA.—
‘‘(1) IN GENERAL.—Except as otherwise provided under this subsection, an alien granted a Z–A visa or a Z–A dependent visa shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of this Act.
‘‘(2) DELAYED ELIGIBILITY FOR CERTAIN FEDERAL PUBLIC BENEFITS.—An alien granted a Z–A visa shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date on which the alien is granted an adjustment of status under subsection (d).

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Categories: Alien Invasion
Posted by RBraddam on Thursday, February 07, 2008 6:02 PM
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