{"id":739,"date":"2007-09-20T21:57:00","date_gmt":"2007-09-20T21:57:00","guid":{"rendered":"http:\/\/www.arkansasfreedom.net\/?p=739"},"modified":"2007-09-20T21:57:00","modified_gmt":"2007-09-20T21:57:00","slug":"inquiry-to-ark-state-police-director-re-enforcing-existing-laws","status":"publish","type":"post","link":"https:\/\/arkansasfreedom.net\/?p=739","title":{"rendered":"Inquiry to Ark State Police Director re enforcing existing laws"},"content":{"rendered":"

<\/p>\n

Col. Winford Phillips<\/p>\n

Director ASP<\/p>\n

Little Rock, Arkansas<\/p>\n

 <\/o:p><\/p>\n

Good morning
\nPhil,                                                                        
\nSeptember 20, 2007<\/p>\n

 <\/o:p><\/p>\n

Long time since 271 & Cavanaugh Rd and a belated
\ncongratulations on your appointment. <\/p>\n

 <\/o:p><\/p>\n

Reviewing your testimony at Rep. Green\u00e2\u20ac\u2122s hearing this
\nweek regarding the illegal alien invasion, I was glad to see you are in touch
\nwith the Feds regarding Arkansas\u00e2\u20ac\u2122 law giving authority to ASP to pick up
\nillegals.  However; I was not encouraged by your final response, that
\nanything of a positive nature is not going to happen\u00e2\u20ac\u201dmaintaining the status
\nquo, which is not acceptable.<\/p>\n

 <\/o:p><\/p>\n

You stated it would cost $118,000 per head to train
\ntroopers.  May I remind you that there is over a billion in revenue
\nsurplus  in the state coffers. <\/p>\n

 <\/o:p><\/p>\n

This morning\u00e2\u20ac\u2122s headline in the Times Record, \u00e2\u20ac\u0153Beebe
\nunaware of immigration law\u00e2\u20ac\u009d.  I\u00e2\u20ac\u2122ll be euphemistic\u00e2\u20ac\u201dthe governor is not
\ntelling the truth, and as AG, what does that say about Beebe?<\/p>\n

 <\/o:p><\/p>\n

You may not be aware of the Federal Statutes that give
\nall, I say again, ALL policing agencies the legal responsibility to arrest
\nillegals as well as all those hiring, transporting, housing, aiding or abetting
\nillegals and charge them with a felony, accompanied by prison time and hefty
\nfines.  See accompanying copies of the laws. Governor Beebe has been sent
\ncopies of the laws on at least 3 occasions while he was A.G. <\/p>\n

 <\/o:p><\/p>\n

You have spent a good deal of time in NW Arkansas and
\nshould be more than aware of the huge cost foisted upon middleclass Arkansans
\nto subsidize illegals healthcare, welfare, education, penal, etc.  At the
\nsame time it is disconcerting to find out an ASP watch commander in Springdale
\nstating last year he did think there was a gang presence in NW until his
\nbrother-in-law was gunned down.  Do you think that trooper was in a
\ntrance?<\/p>\n

 <\/o:p><\/p>\n

In any case Phil, I know you owe your position and some
\nallegiance to Governor Beebe, but your real responsibility is to protect the
\ncitizens of Arkansas, not the corporate master puppeteers. You are one of us
\nPhil, don\u00e2\u20ac\u2122t get carried away with NW Ark sociability, i.e. don\u00e2\u20ac\u2122t forget your
\nroots.<\/p>\n

 <\/o:p><\/p>\n

The Republic is at stake.<\/p>\n

 <\/o:p><\/p>\n

Kindest regards,<\/p>\n

 <\/o:p><\/p>\n

Joe McCutchen<\/p>\n

Fort Smith <\/p>\n

 <\/o:p><\/p>\n

Officials: Lincoln, Pryor,
\nBeebe, McDaniel, Boozman, Ross, Berry, Snyder, Stodola, etc., etc.<\/o:p><\/span><\/strong><\/p>\n

 <\/o:p><\/span><\/strong><\/p>\n

Please explain to the citizenry
\nwhy these laws, in effect for years, have not and are not being enforced.<\/o:p><\/span><\/strong><\/p>\n

The laws are being sent over
\nthe country to inform taxpaying citizens of the criminal conduct you \u00e2\u20ac\u0153servants
\nof the people\u00e2\u20ac\u009d (yah) are perpetrating against us to keep the cheap slave labor
\ninvading our borders to benefit your corporate sponsors and the Mexican
\ngovernment with $billions being sent back HOME, and to protect your
\nself-serving, sorry behinds.<\/o:p><\/span><\/strong><\/p>\n

The destruction of our
\nConstitution, rule of law, and sovereignty obviously mean nothing to you.<\/o:p><\/span><\/strong><\/p>\n

 <\/o:p><\/span><\/strong><\/p>\n

Citizens: Federal laws not enforced\u00e2\u20ac\u201dwhy?<\/o:p><\/span><\/strong><\/p>\n

8 USC Sec 1325 – Illegal Entry<\/span><\/strong>
\nAny alien who enters U.S. other than at port of entry by false or misleading
\nrepresentation shall be subject to civil and criminal penalties can be fined
\nand imprisoned<\/span><\/o:p><\/span><\/p>\n

Section 1324a  Hiring –
\nHarboring – Transporting any illegal alien <\/span><\/strong>
\n<\/span><\/b>Any
\nperson who knowingly hires\/harbors\/ transports any illegal alien is guilty of a
\nfelony punishable by 10 years jail + $2,000 fine per illegal alien + forfeiture
\nof vehicle or property used to commit the crime.
\n Section
\n1324c Law officers have authority to make arrests…<\/span><\/strong>
\n<\/b>All officers whose duty it is to enforce criminal laws shall have authority
\nto make arrests for violation of any provision of this section <\/o:p><\/span><\/p>\n

Section 1644 <\/span><\/strong>
\n<\/span><\/b>No local
\nordinance, rule, or measure shall stop law enforcement officers from
\nenforcement of this section<\/span>\u00c2\u009d<\/span> (affirmed Southern District Court of NY,
\nUS vs. Rudy Giuliani, 1996.<\/span><\/o:p><\/span><\/p>\n

Title 19, USC \u00c2\u00a7 1459<\/b> Section (f) and (g). Reporting
\nrequirements for individuals  
\n   (f) Civil penalty. Any individual who violates any provision of
\nsubsection (e) of this section is liable for a civil penalty of $5,000 for the
\nfirst violation, and $10,000 for each subsequent violation.  
\n (g) Criminal penalty. In addition to being liable for a civil penalty
\nunder subsection (f) of this section, any individual who intentionally violates
\nany provision of subsection (e) of this section is, upon conviction, liable for
\na fine of not more than $5,000, or imprisonment for not more than 1 year, or
\nboth.  <\/o:p><\/span><\/p>\n

 <\/o:p><\/p>\n

Barbara McCutchen<\/p>\n

Fort Smith<\/p>\n

arkansasfreedom.net<\/a>\n<\/p>\n

This has been
\nthe law of the land for many decades.  Kris Kobach<\/span><\/strong><\/o:p><\/span><\/p>\n


\n<\/span> <\/span>Subject: FYI***Federal
\nImmigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)<\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

Federal
\nImmigration and Nationality Act
\nSection 8 USC 1324(a)(1)(A)(iv)(b)(iii)<\/span><\/a><\/o:p><\/span><\/p>\n

“Any person who . . . encourages or induces an alien
\nto . . . reside . . . knowing or in reckless disregard of the fact that such .
\n. . residence is . . . in violation of law, shall be punished as provided . . .
\nfor each alien in respect to whom such a violation occurs . . . fined under
\ntitle 18 . . . imprisoned not more than 5 years, or both.”<\/o:p><\/span><\/p>\n

Section 274 felonies under the federal Immigration and
\nNationality Act, INA 274A(a)(1)(A):<\/o:p><\/span><\/p>\n

A person (including a group of persons, business,
\norganization, or local government) commits a federal felony when she or he:<\/o:p><\/span><\/p>\n

* assists an alien s\/he should reasonably know is illegally
\nin the U.S. or who lacks employment authorization, by transporting, sheltering,
\nor assisting him or her to obtain employment, or<\/o:p><\/span><\/p>\n

* encourages that alien to remain in the U.S. by referring
\nhim or her to an employer or by acting as employer or agent for an employer in
\nany way, or<\/o:p><\/span><\/p>\n

* knowingly assists illegal aliens due to personal
\nconvictions.<\/o:p><\/span><\/p>\n

Penalties upon conviction include criminal fines, imprisonment,
\nand forfeiture of vehicles and real property used to commit the crime. Anyone
\nemploying or contracting with an illegal alien without verifying his or her
\nwork authorization status is guilty of a misdemeanor. Aliens and employers
\nviolating immigration laws are subject to arrest, detention, and seizure of
\ntheir vehicles or property. In addition, individuals or entities who engage in
\nracketeering enterprises that commit (or conspire to commit)
\nimmigration-related felonies are subject to private civil suits for treble
\ndamages and injunctive relief.<\/o:p><\/span><\/p>\n

Recruitment and Employment of Illegal Aliens<\/o:p><\/span><\/p>\n

It is unlawful to hire an alien, to recruit an alien, or to
\nrefer an alien for a fee, knowing the alien is unauthorized to work in the
\nUnited States. It is equally unlawful to continue to employ an alien knowing
\nthat the alien is unauthorized to work. Employers may give preference in
\nrecruitment and hiring to a U.S. citizen over an alien with work authorization
\nonly where the U.S. citizen is equally or better qualified. It is unlawful to
\nhire an individual for employment in the United States without complying with
\nemployment eligibility verification requirements. Requirements include
\nexamination of identity documents and completion of Form I-9 for every employee
\nhired. Employers must retain all I-9s, and, with three days’ advance notice,
\nthe forms must be made available for inspection. Employment includes any
\nservice or labor performed for any type of remuneration within the United
\nStates, with the exception of sporadic domestic service by an individual in a
\nprivate home. Day laborers or other casual workers engaged in any compensated
\nactivity (with the above exception) are employees for purposes of immigration
\nlaw. An employer includes an agent or anyone acting directly or indirectly in
\nthe interest of the employer. For purposes of verfication of authorization to
\nwork, employer also means an independent contractor, or a contractor other than
\nthe person using the alien labor. The use of temporary or short-term contracts cannot
\nbe used to circumvent the employment authorization verification requirements.
\nIf employment is to be for less than the usual three days allowed for
\ncompleting the I-9 Form requirement, the form must be completed immediately at
\nthe time of hire.<\/o:p><\/span><\/p>\n

An employer has constructive knowledge that an employee is
\nan illegal unauthorized worker if a reasonable person would infer it from the
\nfacts. Constructive knowledge constituting a violation of federal law has been
\nfound where (1) the I-9 employment eligibility form has not been properly
\ncompleted, including supporting documentation, (2) the employer has learned
\nfrom other individuals, media reports, or any source of information available
\nto the employer that the alien is unauthorized to work, or (3) the employer
\nacts with reckless disregard for the legal consequences of permitting a third
\nparty to provide or introduce an illegal alien into the employer’s work force.
\nKnowledge cannot be inferred solely on the basis of an individual’s accent or
\nforeign appearance.<\/o:p><\/span><\/p>\n

Actual specific knowledge is not required. For example, a
\nnewspaper article stating that ballrooms depend on an illegal alien work force
\nof dance hostesses was held by the courts to be a reasonable ground for
\nsuspicion that unlawful conduct had occurred.<\/o:p><\/span><\/p>\n

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to
\nknowingly assist an employer to violate employment sanctions, REGARDLESS OF
\nCLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or
\naiding illegal aliens is not protected by the First Amendment. It is a felony
\nto establish a commercial enterprise for the purpose of evading any provision
\nof federal immigration law. Violators may be fined or imprisoned for up to five
\nyears.<\/o:p><\/span><\/p>\n

Encouraging and Harboring Illegal Aliens<\/o:p><\/span><\/p>\n

It is a violation of law for any person to conceal, harbor,
\nor shield from detection in any place, including any building or means of
\ntransportation, any alien who is in the United States in violation of law.
\nHARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO
\nREMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and
\nharboring covers aliens arrested outdoors, as well as in a building. This
\nprovision includes harboring an alien who entered the U.S. legally but has
\nsince lost his legal status.<\/o:p><\/span><\/p>\n

An employer can be convicted of the felony of harboring
\nillegal aliens who are his employees if he takes actions in reckless disregard
\nof their illegal status, such as ordering them to obtain false documents,
\naltering records, obstructing INS inspections, or taking other actions that
\nfacilitate the alien’s illegal employment. Any person who within any 12-month
\nperiod hires ten or more individuals with actual knowledge that they are
\nillegal aliens or unauthorized workers is guilty of felony harboring. It is
\nalso a felony to encourage or induce an alien to come to or reside in the U.S.
\nknowing or recklessly disregarding the fact that the alien’s entry or residence
\nis in violation of the law. This crime applies to any person, rather than just
\nemployers of illegal aliens. Courts have ruled that “encouraging”
\nincludes counseling illegal aliens to continue working in the U.S. or assisting
\nthem to complete applications with false statements or obvious errors. The fact
\nthat the alien is a refugee fleeing persecution is not a defense to this
\nfelony, since U.S. law and the UN Protocol on Refugees both require that a
\nrefugee must report to immigration authorities without delay upon entry to the
\nU.S.<\/o:p><\/span><\/p>\n

The penalty for felony harboring is a fine and imprisonment
\nfor up to five years. The penalty for felony alien smuggling is a fine and up
\nto ten years’ imprisonment. Where the crime causes serious bodily injury or
\nplaces the life of any person in jeopardy, the penalty is a fine and up to
\ntwenty years’ imprisonment. If the criminal smuggling or harboring results in
\nthe death of any person, the penalty can include life imprisonment. Convictions
\nfor aiding, abetting, or conspiracy to commit alien smuggling or harboring,
\ncarry the same penalties. Courts can impose consecutive prison sentences for
\neach alien smuggled or harbored. A court may order a convicted smuggler to pay
\nrestitution if the alien smuggled qualifies as a victim under the Victim and
\nWitness Protection Act. Conspiracy to commit crimes of sheltering, harboring,
\nor employing illegal aliens is a separate federal offense punishable by a fine
\nof up to $10,000 or five years’ imprisonment.<\/o:p><\/span><\/p>\n

Enforcement<\/o:p><\/span><\/p>\n

A person or entity having knowledge of a violation or
\npotential violation of employer sanctions provisions may submit a signed
\nwritten complaint to the INS office with jurisdiction over the business or
\nresidence of the potential violator, whether an employer, employee, or agent.
\nThe complaint must include the names and addresses of both the complainant and
\nthe violator, and detailed factual allegations, including date, time, and place
\nof the potential violation, and the specific conduct alleged to be a violation
\nof employer sanctions. By regulation, the INS will only investigate third-party
\ncomplaints that have a reasonable probability of validity. Designated INS
\nofficers and employees, and all other officers whose duty it is to enforce
\ncriminal laws, may make an arrest for violation of smuggling or harboring
\nillegal aliens.<\/o:p><\/span><\/p>\n

State and local law enforcement officials have the general
\npower to investigate and arrest violators of federal immigration statutes
\nwithout prior INS knowledge or approval, as long as they are authorized to do
\nso by state law. There is no extant federal limitation on this authority. The
\n1996 immigration control legislation passed by Congress was intended to
\nencourage states and local agencies to participate in the process of enforcing
\nfederal immigration laws. Immigration officers and local law enforcement
\nofficers may detain an individual for a brief warrantless interrogation where
\ncircumstances create a reasonable suspicion that the individual is illegally
\npresent in the U.S. Specific facts constituting a reasonable suspicion include
\nevasive, nervous, or erratic behavior; dress or speech indicating foreign
\ncitizenship; and presence in an area known to contain a concentration of
\nillegal aliens. Hispanic appearance alone is not sufficient. Immigration
\nofficers and police must have a valid warrant or valid employer’s consent to
\nenter workplaces or residences. Any vehicle used to transport or harbor illegal
\naliens, or used as a substantial part of an activity that encourages illegal
\naliens to come to or reside in the U.S. may be seized by an immigration officer
\nand is subject to forfeiture. The forfeiture power covers any conveyances used
\nwithin the U.S.<\/o:p><\/span><\/p>\n

RICO — Citizen Recourse<\/o:p><\/span><\/p>\n

Private persons and entities may initiate civil suits to
\nobtain injunctions and treble damages against enterprises that conspire to or
\nactually violate federal alien smuggling, harboring, or document fraud
\nstatutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The
\npattern of racketeering activity is defined as commission of two or more of the
\nlisted crimes. A RICO enterprise can be any individual legal entity, or a group
\nof individuals who are not a legal entity but are associated in fact, AND CAN
\nINCLUDE NONPROFIT ASSOCIATIONS.<\/o:p><\/span><\/p>\n

Tax Crimes<\/o:p><\/span><\/p>\n

Employers who aid or abet the preparation of false tax returns
\nby failing to pay income or Social Security taxes for illegal alien employees,
\nor who knowingly make payments using false names or Social Security numbers,
\nare subject to IRS criminal and civil sanctions. U.S. nationals who have
\nsuffered intentional discrimination because of citizenship or national origin
\nby an employer with more than three employees may file a complaint within 180
\ndays of the discriminatory act with the Special Counsel for Immigration-Related
\nUnfair Employment Practices, U.S. Department of Justice. In additon to the
\nfederal statutes summarized, state laws and local ordinances controlling fair
\nlabor practices, workers compensation, zoning, safe housing and rental
\nproperty, nuisance, licensing, street vending, and solicitations by contractors
\nmay also apply to activities that involve illegal aliens.<\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

 <\/o:p><\/p>\n

<\/div>\n","protected":false},"excerpt":{"rendered":"

Col. Winford Phillips Director ASP Little Rock, Arkansas   Good morning Phil,                                                                         September 20, 2007   Long time since 271 & Cavanaugh Rd and a belated congratulations on your appointment.   Reviewing your testimony at Rep. Green\u00e2\u20ac\u2122s hearing this week regarding the illegal alien invasion, I was glad to see you are in touch with … Continue reading Inquiry to Ark State Police Director re enforcing existing laws<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,29,28],"tags":[],"class_list":["post-739","post","type-post","status-publish","format-standard","hentry","category-beebe-continues-the-corruption-legacy","category-illegal-immigration-facts","category-immigration-law"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts\/739","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=739"}],"version-history":[{"count":0,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts\/739\/revisions"}],"wp:attachment":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=739"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=739"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=739"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}