(Originally posted on 4\/13\/2008 3:15:00 PM)<\/p>\n
\n FAX COVER SHEET<\/span> 2916 HEATHER OAKS WAY Just a reminder: \n The following is an In most cases, federal laws that bar illegal aliens from the State and local law enforcement officials have the general power to Although the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of In addition, Section 274(c) of the Immigration and Nationality Act (INA), as In 2002, the Department of Justice’s Office of Legal Counsel In 1996, Congress made several express grants of immigration Upon approval of the cooperative agreement by the AG, the designated local Section 133 is an extraordinary grant of authority to state and local State and local governments will not be able to take advantage of the broad IIRIRA U.S. Code as of: 01\/03\/05<\/span><\/em> http:\/\/caselaw.lp.findlaw.com\/scripts\/ts_search.pl?title=8&sec=1325<\/a> (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 … Continue reading Citizens demand to know why immigration laws are not being enforced<\/span>
\n<\/span>\n<\/p>\n
\nSubject: Citizens demand to know why laws are not being enforced. The
\nsilence has been deafening.
\nDate: Sun, 13 Apr 2008 16:15:48 -0500
\nDate: April 13, 2008
\n
\n
\nTo: All officials and law enforcement (Copies of existing immigration laws,
\nwhich are sufficient to solve the crises).
\n
\n
\n
\nFrom: Joe & Barbara
\n
\n
\n
\nComments: Please tell the taxpaying, law-abiding citizens why you are NOT
\nenforcing these existing immigration laws. We have more than enough
\nalready in place and don\u00e2\u20ac\u2122t need new ones to deal with the illegal alien
\ninvasion.
\n
\nIf you are not complicit in this crisis, why then are you not doing anything to
\nsave our rule of law, our sovereignty, heritage, Constitution, and standard of
\nliving???
\n
\nA response would be most appropriate since we are paying most of your salaries
\n& perks, and being forced to subsidize the illegal aliens\u00e2\u20ac\u2122 healthcare,
\neducation, penal, pre & post natal, housing (60% of HUD is to illegals),
\nwage depression, reintroduced diseases such as TB & Leprosy, illegal alien
\ngang violence, unwed teen pregnancies producing anchor babies who can be on
\nwelfare until 21 yrs old & bring in all their relative. What about identity
\ntheft, document fraud, human and illegal drug smuggling?
\n
\nHave you sacrificed your oaths, patriotism, and your honor in order to please
\nthe Corporate cheap labor exploiters and to expand your government programs?
\n
\n
\n
\n
\nJOE & BARBARA McCUTCHEN
\nFORT SMITH, AR 72908
\nPHONE: 479-646-8261
\nFAX: 479-646-6557
\narkansasfreedom.net<\/a>
\n
\nFederal Law
\n8 USC Sec 1325 – Illegal Entry
\nAny alien who enters U.S. other than at A port of entry by false or
\nmisleading representation shall be subject to civil and criminal penalties can
\nbe fined and imprisoned
\nSection 1324a Hiring – Harboring – Transporting any illegal alien
\nAny person who knowingly hires\/harbors\/ transports any illegal alien is
\nguilty of a felony punishable by 10 years jail + $2,000 fine per illegal alien
\n+ forfeiture of vehicle or property used to commit the crime.
\nSection 1324c Law officers have authority to make arrests…
\nAll officers whose duty it is to enforce criminal laws shall have authority
\nto make arrests for violation of any provision of this section (affirmed US vs.
\nPerez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a Hiring – Harboring –
\nTransporting any illegal alien.
\nSection 1644
\nNo local ordinance, rule, or measure shall stop law enforcement officers
\nfrom enforcement of this section (affirmed Southern District Court
\nof NY, US vs. Rudy Giuliani, 1996.
\nNOTE: all immigration violations are criminal – not civil offenses.
\n
\n
\nImmigration Law Enforcement by Local Agencies <\/p>\n
\nintroductory summary of federal law on the issue of local law enforcement
\nagencies enforcing federal immigration law provisions. Local officials who seek
\nguidance on this issue may contact FAIR\u00e2\u20ac\u2122s legal counsel for detailed
\ninformation.Overview
\nUnited States and punish persons who smuggle, shelter, or employ or otherwise
\nassist illegal aliens can be enforced by local and state police.<\/p>\n
\ninvestigate and arrest violators of federal immigration statutes without prior
\nImmigration and Naturalization Service (INS) knowledge or approval, as long as
\nthey are authorized to enforce federal law in general. Although immigration is
\na federal matter, local law enforcement departments and personnel are not
\nrequired to turn a blind eye to any illegal activity including violations of
\nimmigration law. It is illegal for local governments to prohibit police
\ncooperation with the INS, and individual officers who report violations are
\nprotected by law.<\/p>\n
\n1996 provied new authority for empowering local law enforcement agencies to
\nenforce immigration law provisions against aliens illegally in the country,
\nlocal police were never powerless to act on immigration law violations before
\nadoption of that legislation. Local police departments have always had the
\nability to collaborate with the INS in enforcement operations. An example was
\nlocal cooperation with the INS and the FBI in locating and interviewing foreign
\nstudents from Middle Eastern countries following the September 11 terrorist
\nattacks. <\/p>\n
\namended in 1986, authorizes \u00e2\u20ac\u0153…all other officers whose duty it is to enforce
\ncriminal laws,\u00e2\u20ac\u009d to arrest persons for smuggling, harboring or transporting
\nillegal aliens. Furthermore, federal courts had repeatedly affirmed since 1984
\nthat local police may inquire into immigration violations in the course of a
\nroutine stop (see e.g., U.S. v. Salinas-Calderon).Legal Opinion by
\nthe Department of Justice Office of Legal Counsel
\n(OLC) issued an extremely important legal opinion explaining that state and
\nlocal police officers have the inherent authority to arrest illegal aliens and
\ntransfer them to federal custody, regardless of whether the aliens have
\ncommitted criminal or civil violations of immigration law. U.S. Attorney
\nGeneral John Ashcroft announced the conclusion of that OLC opinion in June
\n2002. However, the full opinion was only made available to the public as a
\nresult of a Freedom of Information Act lawsuit. The local arrest authority
\nrecognized in this opinion is a critical component of immigration enforcement. Read the full
\nopinion<\/a> (PDF).FederalLocal
\nCooperative Agreements \u00c2\u00ad Section 133 of IIRAIRA
\nlaw enforcement authority to state and local governments. The most important of
\nthe legislative actions was contained in IIRIRA \u00c2\u00a7133, which authorized the U.S.
\nAttorney General (AG) to enter into written cooperative agreements with state
\nand local governments to accept the services of state officers or employees in
\nenforcing the INA. Under a \u00e2\u20ac\u02dcSection 133\u00e2\u20ac\u2122 agreement, state and local governments
\nmay designate officers or employees (\u00e2\u20ac\u0153local officers\u00e2\u20ac\u009d) who will be authorized
\nto \u00e2\u20ac\u0153perform a function of [a federal] immigration officer in relation to the
\ninvestigation, apprehension, or detention of aliens in the United States.\u00e2\u20ac\u009d <\/p>\n
\nofficer becomes a limited federal immigration official. The designated local
\nofficer is subject to the \u00e2\u20ac\u0153direction and supervision of the AG\u00e2\u20ac\u009d while
\nperforming the immigration enforcement function and, if the written agreement
\nso specifies, may use federal property and facilities to accomplish that
\nfunction. While Section 133 emphasizes that the designated officer is not a
\nfederal employee, agreements created under this section may grant local
\nofficers all of the powers exercised by federal immigration officers and
\nprovide that the designated local officers will enjoy federal immunity.
\nHowever, the local officers must carry out their immigration functions at the
\nexpense of the state or local government. <\/p>\n
\ngovernments, because it allows them to tailor their officers\u00e2\u20ac\u2122 authority to
\nlocal immigration enforcement needs. A state or local government can agree with
\nthe AG to authorize its law enforcement officers to enforce the INA\u00e2\u20ac\u2122s civil
\nand\/or criminal provisions without dedicating those officers to full-time
\nimmigration enforcement. Section 133 clearly contemplates that multiple
\nofficers could be authorized to perform one or more immigration enforcement
\nfunctions. Designated officers could continue to perform their state or local
\nduties. The scope and duration of the officer\u00e2\u20ac\u2122s immigration enforcement authority
\nis negotiable. <\/p>\n
\ngrants of authority available under Section 133 unless their laws authorize
\nstate and local officers to enforce federal laws. Police departments
\nconsidering whether to seek a Section 133 cooperative agreement should first
\ndetermine whether existing state and local laws in their jurisdiction already
\nauthorize their officers to carry out immigration enforcement functions.Emergency
\nConditions \u00c2\u00ad Section 372 of IIRAIRA
\n\u00c2\u00a7 372 amended the INA to give the AG (AG) power to authorize state and local
\nimmigration enforcement in emergency situations. Under that provision, the AG
\nmay authorize state or local officers to enforce the INA if the AG determines
\nthat \u00e2\u20ac\u0153an actual or imminent mass influx of aliens arriving off the coast of the
\nUnited States, or near a land border, presents urgent circumstances requiring
\nan immediate Federal response.\u00e2\u20ac\u009d This emergency authorization may grant a state
\nor local officer \u00e2\u20ac\u0153any of the powers, privileges, or duties\u00e2\u20ac\u009d conferred by the
\nINA on INS officers. The AG\u00e2\u20ac\u2122s authorization is contingent on the consent of the
\nhead of the agency or department in which the officer serves, but unlike \u00c2\u00a7133,
\n\u00c2\u00a7372 does not expressly require the state or local officer\u00e2\u20ac\u2122s enforcement of the
\nINA to be authorized by state or local law.
\nUpdated 6\/06
\n
\n
\n
\nSection 1325. Improper entry by alien<\/span>
\n
\n (a) Improper time or place; avoidance of examination or
\ninspection;
\n misrepresentation and concealment of facts
\n Any alien who (1) enters or attempts to enter
\nthe United States
\n at any time or place other than as designated by immigration
\n officers, or (2) eludes examination or inspection by
\nimmigration
\n officers, or (3) attempts to enter or obtains entry to the
\nUnited
\n States by a willfully false or misleading representation or
\nthe
\n willful concealment of a material fact, shall, for the first
\n commission of any such offense, be fined under title 18 or
\n imprisoned not more than 6 months, or both, and, for a
\nsubsequent
\n commission of any such offense, be fined under title 18, or
\n imprisoned not more than 2 years, or both.
\n (b) Improper time or place; civil penalties
\n Any alien who is apprehended while entering (or
\nattempting to
\n enter) the United States at a time or place other than as
\n designated by immigration officers shall be subject to a
\ncivil
\n penalty of –
\n (1) at least $50 and not more than
\n$250 for each such entry (or
\n attempted entry); or
\n (2) twice the amount specified in
\nparagraph (1) in the case of
\n an alien who has been previously subject to a
\ncivil penalty under
\n this subsection.
\n
\n Civil penalties under this subsection are in addition to,
\nand not
\n in lieu of, any criminal or other civil penalties that may
\nbe
\n imposed.
\n (c) Marriage fraud
\n Any individual who knowingly enters into a
\nmarriage for the
\n purpose of evading any provision of the immigration laws
\nshall be
\n imprisoned for not more than 5 years, or fined not more than
\n $250,000, or both.
\n (d) Immigration-related entrepreneurship fraud
\n Any individual who knowingly establishes a
\ncommercial enterprise
\n for the purpose of evading any provision of the immigration
\nlaws
\n shall be imprisoned for not more than 5 years, fined in
\naccordance
\n with title 18, or both.
\n
\n
\nTHEN YOU HAVE 287 (g). AD INFINITUM.<\/p>\n