The Government - Corporation - Church Protection Racket

Citizens demand to know why immigration laws are not being enforced

243 Comments

(Originally posted on 4/13/2008 3:15:00 PM)


Subject: Citizens demand to know why laws are not being enforced.  The
silence has been deafening.
Date: Sun, 13 Apr 2008 16:15:48 -0500

FAX COVER SHEET

 
Date: April 13, 2008
 
 
To: All officials and law enforcement (Copies of existing immigration laws,
which are sufficient to solve the crises).
 
 
 
From: Joe & Barbara
 
 
 
Comments:  Please tell the taxpaying, law-abiding citizens why you are NOT
enforcing these existing immigration laws.  We have more than enough
already in place and don’t need new ones to deal with the illegal alien
invasion.
 
If you are not complicit in this crisis, why then are you not doing anything to
save our rule of law, our sovereignty, heritage, Constitution, and standard of
living???
 
A response would be most appropriate since we are paying most of your salaries
& perks, and being forced to subsidize the illegal aliens’ healthcare,
education, penal, pre & post natal, housing (60% of HUD is to illegals),
wage depression, reintroduced diseases such as TB & Leprosy, illegal alien
gang violence, unwed teen pregnancies producing anchor babies who can be on
welfare until 21 yrs old & bring in all their relative. What about identity
theft, document fraud, human and illegal drug smuggling?
 
Have you sacrificed your oaths, patriotism, and your honor in order to please
the Corporate cheap labor exploiters and to expand your government programs?
 
 
 
 
JOE & BARBARA McCUTCHEN

2916 HEATHER OAKS WAY
FORT SMITH, AR 72908
PHONE: 479-646-8261
FAX: 479-646-6557
arkansasfreedom.net

Just a reminder:
Federal Law
8 USC Sec 1325 – Illegal Entry
Any alien who enters U.S. other than at A port of entry by false or
misleading representation shall be subject to civil and criminal penalties can
be fined and imprisoned
Section 1324a Hiring – Harboring – Transporting any illegal alien
Any person who knowingly hires/harbors/ transports any illegal alien is
guilty of a felony punishable by 10 years jail + $2,000 fine per illegal alien
+ forfeiture of vehicle or property used to commit the crime.
Section 1324c Law officers have authority to make arrests…
All officers whose duty it is to enforce criminal laws shall have authority
to make arrests for violation of any provision of this section (affirmed US vs.
Perez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a Hiring – Harboring –
Transporting any illegal alien.
Section 1644
No local ordinance, rule, or measure shall stop law enforcement officers
from enforcement of this section   (affirmed Southern District Court
of NY, US vs. Rudy Giuliani, 1996.
NOTE: all immigration violations are criminal – not civil offenses.
 
 
Immigration Law Enforcement by Local Agencies

 

The following is an
introductory summary of federal law on the issue of local law enforcement
agencies enforcing federal immigration law provisions. Local officials who seek
guidance on this issue may contact FAIR’s legal counsel for detailed
information.

Overview

In most cases, federal laws that bar illegal aliens from the
United States and punish persons who smuggle, shelter, or employ or otherwise
assist illegal aliens can be enforced by local and state police.

State and local law enforcement officials have the general power to
investigate and arrest violators of federal immigration statutes without prior
Immigration and Naturalization Service (INS) knowledge or approval, as long as
they are authorized to enforce federal law in general. Although immigration is
a federal matter, local law enforcement departments and personnel are not
required to turn a blind eye to any illegal activity including violations of
immigration law. It is illegal for local governments to prohibit police
cooperation with the INS, and individual officers who report violations are
protected by law.

Although the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of
1996 provied new authority for empowering local law enforcement agencies to
enforce immigration law provisions against aliens illegally in the country,
local police were never powerless to act on immigration law violations before
adoption of that legislation. Local police departments have always had the
ability to collaborate with the INS in enforcement operations. An example was
local cooperation with the INS and the FBI in locating and interviewing foreign
students from Middle Eastern countries following the September 11 terrorist
attacks.

In addition, Section 274(c) of the Immigration and Nationality Act (INA), as
amended in 1986, authorizes “…all other officers whose duty it is to enforce
criminal laws,” to arrest persons for smuggling, harboring or transporting
illegal aliens. Furthermore, federal courts had repeatedly affirmed since 1984
that local police may inquire into immigration violations in the course of a
routine stop (see e.g., U.S. v. Salinas-Calderon).

Legal Opinion by
the Department of Justice Office of Legal Counsel

In 2002, the Department of Justice’s Office of Legal Counsel
(OLC) issued an extremely important legal opinion explaining that state and
local police officers have the inherent authority to arrest illegal aliens and
transfer them to federal custody, regardless of whether the aliens have
committed criminal or civil violations of immigration law. U.S. Attorney
General John Ashcroft announced the conclusion of that OLC opinion in June
2002. However, the full opinion was only made available to the public as a
result of a Freedom of Information Act lawsuit. The local arrest authority
recognized in this opinion is a critical component of immigration enforcement. Read the full
opinion (PDF).

FederalLocal
Cooperative Agreements ­ Section 133 of IIRAIRA

In 1996, Congress made several express grants of immigration
law enforcement authority to state and local governments. The most important of
the legislative actions was contained in IIRIRA §133, which authorized the U.S.
Attorney General (AG) to enter into written cooperative agreements with state
and local governments to accept the services of state officers or employees in
enforcing the INA. Under a ‘Section 133’ agreement, state and local governments
may designate officers or employees (“local officers”) who will be authorized
to “perform a function of [a federal] immigration officer in relation to the
investigation, apprehension, or detention of aliens in the United States.”

Upon approval of the cooperative agreement by the AG, the designated local
officer becomes a limited federal immigration official. The designated local
officer is subject to the “direction and supervision of the AG” while
performing the immigration enforcement function and, if the written agreement
so specifies, may use federal property and facilities to accomplish that
function. While Section 133 emphasizes that the designated officer is not a
federal employee, agreements created under this section may grant local
officers all of the powers exercised by federal immigration officers and
provide that the designated local officers will enjoy federal immunity.
However, the local officers must carry out their immigration functions at the
expense of the state or local government.

Section 133 is an extraordinary grant of authority to state and local
governments, because it allows them to tailor their officers’ authority to
local immigration enforcement needs. A state or local government can agree with
the AG to authorize its law enforcement officers to enforce the INA’s civil
and/or criminal provisions without dedicating those officers to full-time
immigration enforcement. Section 133 clearly contemplates that multiple
officers could be authorized to perform one or more immigration enforcement
functions. Designated officers could continue to perform their state or local
duties. The scope and duration of the officer’s immigration enforcement authority
is negotiable.

State and local governments will not be able to take advantage of the broad
grants of authority available under Section 133 unless their laws authorize
state and local officers to enforce federal laws. Police departments
considering whether to seek a Section 133 cooperative agreement should first
determine whether existing state and local laws in their jurisdiction already
authorize their officers to carry out immigration enforcement functions.

Emergency
Conditions ­ Section 372 of IIRAIRA

IIRIRA
§ 372 amended the INA to give the AG (AG) power to authorize state and local
immigration enforcement in emergency situations. Under that provision, the AG
may authorize state or local officers to enforce the INA if the AG determines
that “an actual or imminent mass influx of aliens arriving off the coast of the
United States, or near a land border, presents urgent circumstances requiring
an immediate Federal response.” This emergency authorization may grant a state
or local officer “any of the powers, privileges, or duties” conferred by the
INA on INS officers. The AG’s authorization is contingent on the consent of the
head of the agency or department in which the officer serves, but unlike §133,
§372 does not expressly require the state or local officer’s enforcement of the
INA to be authorized by state or local law.
Updated 6/06
 

U.S. Code as of: 01/03/05

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325

 
Section 1325. Improper entry by alien
 
    (a) Improper time or place; avoidance of examination or
inspection;
      misrepresentation and concealment of facts
      Any alien who (1) enters or attempts to enter
the United States
    at any time or place other than as designated by immigration
    officers, or (2) eludes examination or inspection by
immigration
    officers, or (3) attempts to enter or obtains entry to the
United
    States by a willfully false or misleading representation or
the
    willful concealment of a material fact, shall, for the first
    commission of any such offense, be fined under title 18 or
    imprisoned not more than 6 months, or both, and, for a
subsequent
    commission of any such offense, be fined under title 18, or
    imprisoned not more than 2 years, or both.
    (b) Improper time or place; civil penalties
      Any alien who is apprehended while entering (or
attempting to
    enter) the United States at a time or place other than as
    designated by immigration officers shall be subject to a
civil
    penalty of –
        (1) at least $50 and not more than
$250 for each such entry (or
      attempted entry); or
        (2) twice the amount specified in
paragraph (1) in the case of
      an alien who has been previously subject to a
civil penalty under
      this subsection.
 
    Civil penalties under this subsection are in addition to,
and not
    in lieu of, any criminal or other civil penalties that may
be
    imposed.
    (c) Marriage fraud
      Any individual who knowingly enters into a
marriage for the
    purpose of evading any provision of the immigration laws
shall be
    imprisoned for not more than 5 years, or fined not more than
    $250,000, or both.
    (d) Immigration-related entrepreneurship fraud
      Any individual who knowingly establishes a
commercial enterprise
    for the purpose of evading any provision of the immigration
laws
    shall be imprisoned for not more than 5 years, fined in
accordance
    with title 18, or both.
 
 
THEN YOU HAVE 287 (g).     AD INFINITUM.

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