thompsonx
Posts: 23322
Joined: 10/1/2006 Status: offline
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quote:
ORIGINAL: tazzygirl quote:
ORIGINAL: thompsonx quote:
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he: * assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or * encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way Please notice the bolded part. It is clear enough that even you can understand that the law says "acting as an employer is harboring" First, you do not show where you got the above. Second, here is the law for the part you keep citing. quote:
§ 1324. Bringing in and harboring certain aliens How Current is This? (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; notice the knowing part as well as bringing them in. This is the actual law,, not someone's interpretation. quote:
(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; again, knowing or reckless disregard and that the employer must have moved or transported the illegal. quote:
(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; again, that pesky part about knowing... and now its sheilding, concealing or harboring as well quote:
(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 again, that knowing part quote:
(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, Then it goes on to list the penalties. All i have been saying all along is that in order to give the kind of penalties you are insisting upon, there has to be knowledge proven along with the intent to harbor or conceal. An illegal who shows up to work with a SS number and an ID isnt enough to prove an employer knew they were illegal. When the person shows up for work with a ss number and an id the employer is required to submit this information to the ss office which will come back and tell him that the data does not match. The employer has ten days to get his paperwork in order or he is in violation and this is (3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: (A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. But then you already knew this because it is in the law you are qouting. We are discussing the penalities for people who know that they are breaking the law by hiring illegal aliens and you are playing lawyer with a plethora of "what ifs". The law gives the employer ample opportunity to determine the legal status of their employees. When those opportunities are ignored the employer is engaged in criminal activity which has both civil and criminal penalities. It strikes me that you and butch are more interested in arguing with me and not interested at all in discussion of the facts or what the penalities are for this criminal behaviour.
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