Submitted by: J Cryots
Can someone explain to me how the BUYDUMB regime can write E.O.'s in direct violation of Constitutional LAW????
Do we have ANY Republicans who will take this to court and stop the INVASION by INVITATION OF BUYDUMB and his Obummer handlers?
Jackie Juntti
WGEN idzrus@earthlink.net
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BORDER ISSUES
The Laws that are NOT being enforced
http://codes.lp.findlaw.com/
8 USC Sec. 1325 (ILLEGAL ENTRY)
8 USC Sec. 1324 (Hiring an ILLEGAL)
8 USC Sec. 1644 ("No local ordinance, rule, or measure shall stop law enforcement officers
8 USC Sec. 1325
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 six months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than two 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.
Section 1324a states:"Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail + $2000 fine per illegal alien + forfeiture of the vehicle or property used to commit the crime".
Section 1324c states, "All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section" (affirmed US v Perez-Gonzalez 2002 Fed App 0360, 6th Circ.).
Section 1644, same title states, "No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section" (affirmed Southern District Court of NY, US v Rudy Guiliani,1996).
MUEHLER et al. v. MENA certiorari to the united states court of appeals for the ninth circuit No. 03-1423.Argued December 8, 2004--Decided March 22, 2005
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https://www.law.cornell.edu/
8 U.S. Code � 1373 - Communication between government agencies and the Immigration and Naturalization ServiceCurrent through Pub. L. 114-38. (See Public Laws for the current Congress.)
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(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entitiesNotwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1)
Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2)
Maintaining such information.
(3)
Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
(Pub. L. 104�208, div. C, title VI, � 642, Sept. 30, 1996, 110 Stat. 3009�707.)
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SOURCE PAGE: http://www.law.cornell.
TITLE 8 > CHAPTER 14 > SUBCHAPTER I > � 1611
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� 1611. Aliens who are not qualified aliens ineligible for Federal public benefits
How Current is This?
(a) In general
Notwithstanding any other provision of law and except as provided in subsection (b) of this section, an alien who is not a qualified alien (as defined in section 1641 of this title) is not eligible for any Federal public benefit (as defined in subsection (c) of this section).
(b) Exceptions
(1) Subsection (a) of this section shall not apply with respect to the following Federal public benefits:
(A) Medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.] (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [ 42 U.S.C. 1396b (v)(3)]) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act [ 42 U.S.C. 601 et seq.], supplemental security income benefits under title XVI of such Act [ 42 U.S.C. 1381 et seq.], or a State supplementary payment).
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
(D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General�s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which
(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient�s income or resources; and
(iii) are necessary for the protection of life or safety.
(E) Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7, to the extent that the alien is receiving such a benefit on August 22, 1996.
(2) Subsection (a) of this section shall not apply to any benefit payable under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 of the Social Security Act [ 42 U.S.C. 433], to any benefit if nonpayment would be contrary to section 202(t) of the Social Security Act [ 42 U.S.C. 402 (t)], or to any benefit payable under title II of the Social Security Act to which entitlement is based on an application filed in or before August 1996.
(3) Subsection (a) of this section shall not apply to any benefit payable under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.] (relating to the medicare program) to an alien who is lawfully present in the United States as determined by the Attorney General and, with respect to benefits payable under part A of such title [ 42 U.S.C. 1395c et seq.], who was authorized to be employed with respect to any wages attributable to employment which are counted for purposes of eligibility for such benefits.
(4) Subsection (a) of this section shall not apply to any benefit payable under the Railroad Retirement Act of 1974 [ 45 U.S.C. 231 et seq.] or the Railroad Unemployment Insurance Act [ 45 U.S.C. 351 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General or to an alien residing outside the United States.
(5) Subsection (a) of this section shall not apply to eligibility for benefits for the program defined in section 1612 (a)(3)(A) of this title (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996.
(c) �Federal public benefit� defined
(1) Except as provided in paragraph (2), for purposes of this chapter the term �Federal public benefit� means�
(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.
(2) Such term shall not apply�
(A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99�239 or 99�658 (or a successor provision) is in effect;
(B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State; or
(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.
� 1612. Limited eligibility of qualified aliens for certain Federal programs
(a) Limited eligibility for specified Federal programs
(1) In general
Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in section 1641 of this title) is not eligible for any specified Federal program (as defined in paragraph (3)).
(2) Exceptions
(A) Time-limited exception for refugees and asylees
With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date�
(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157];
(ii) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158];
(iii) an alien�s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104�208) or section 241(b)(3) of such Act [ 8 U.S.C. 1231 (b)(3)] (as amended by section 305(a) of division C of Public Law 104�208);
(iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(v) an alien is admitted to the United States as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100�202 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100�461, as amended).
(B) Certain permanent resident aliens
Paragraph (1) shall not apply to an alien who�
(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and
(ii)
(I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title, and
(II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.
(C) Veteran and active duty exception
Paragraph (1) shall not apply to an alien who is lawfully residing in any State and is�
(i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A (d) of title 38,
(ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
(D) Transition for aliens currently receiving benefits
(i) SSI
(I) In general With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on August 22, 1996, and ending on September 30, 1998, the Commissioner of Social Security shall redetermine the eligibility of any individual who is receiving benefits under such program as of August 22, 1996, and whose eligibility for such benefits may terminate by reason of the provisions of this subsection.
(II) Redetermination criteria With respect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under such program.
(III) Grandfather provision The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in subclause (I) for months beginning on or after September 30, 1998.
(IV) Notice Not later than March 31, 1997, the Commissioner of Social Security shall notify an individual described in subclause (I) of the provisions of this clause.
(ii) Food stamps
(I) In general With respect to the specified Federal program described in paragraph (3)(B), ineligibility under paragraph (1) shall not apply until April 1, 1997, to an alien who received benefits under such program on August 22, 1996, unless such alien is determined to be ineligible to receive such benefits under the Food Stamp Act of 1977 [1] [ 7 U.S.C. 2011 et seq.]. The State agency shall recertify the eligibility of all such aliens during the period beginning April 1, 1997, and ending August 22, 1997.
(II) Recertification criteria With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for applicants for benefits under such program.
(III) Grandfather provision The provisions of this subsection and the recertification under subclause (I) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on August 22, 1996, the alien is lawfully residing in any State and is receiving benefits under such program on August 22, 1996.
(E) Aliens receiving SSI on August 22, 1996
With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is lawfully residing in the United States and who was receiving such benefits on August 22, 1996.
(F) Disabled aliens lawfully residing in the United States on August 22, 1996
With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien who�
(i) in the case of the specified Federal program described in paragraph (3)(A)�
(I) was lawfully residing in the United States on August 22, 1996; and
(II) is blind or disabled (as defined in paragraph (2) or (3) of section 1614(a) of the Social Security Act ( 42 U.S.C. 1382c (a))); and
(ii) in the case of the specified Federal program described in paragraph (3)(B), is receiving benefits or assistance for blindness or disability (within the meaning of section 3(j) of the Food Stamp Act of 1977 [1] ( 7 U.S.C. 2012 (r)))
(G) Exception for certain Indians
With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), section 1611 (a) of this title and paragraph (1) shall not apply to any individual�
(i) who is an American Indian born in Canada to whom the provisions of section 289 of the Immigration and Nationality Act ( 8 U.S.C. 1359) apply; or
(ii) who is a member of an Indian tribe (as defined in section 450b (e) of title 25).
(H) SSI exception for certain recipients on the basis of very old applications
With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to any individual�
(i) who is receiving benefits under such program for months after July 1996 on the basis of an application filed before January 1, 1979; and
(ii) with respect to whom the Commissioner of Social Security lacks clear and convincing evidence that such individual is an alien ineligible for such benefits as a result of the application of this section.
(I) Food stamp exception for certain elderly individuals
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who on August 22, 1996�
(i) was lawfully residing in the United States; and
(ii) was 65 years of age or older.
(J) Food stamp exception for certain children
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who is under 18 years of age.
(K) Food stamp exception for certain Hmong and Highland Laotians
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to�
(i) any individual who�
(I) is lawfully residing in the United States; and
(II) was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in section 101 of title 38);
(ii) the spouse, or an unmarried dependent child, of such an individual; or
(iii) the unremarried surviving spouse of such an individual who is deceased.
(L) Food stamp exception for certain qualified aliens
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any qualified alien who has resided in the United States with a status within the meaning of the term �qualified alien� for a period of 5 years or more beginning on the date of the alien�s entry into the United States.
(M) SSI extensions through fiscal year 2011
(i) Two-year extension for certain aliens and victims of trafficking
(I) In general Subject to clause (ii), with respect to eligibility for benefits under subparagraph (A) for the specified Federal program described in paragraph (3)(A) of qualified aliens (as defined in section 1641 (b) of this title) and victims of trafficking in persons (as defined in section 7105 (b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101 (a)(15)(T)(ii)
(II) Aliens and victims whose benefits ceased in prior fiscal years Subject to clause (ii), beginning on September 30, 2008, any qualified alien (as defined in section 1641 (b) of this title) or victim of trafficking in persons (as defined in section 7105 (b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101 (a)(15)(T)(ii)
(III) Aliens and victims described For purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who�
(aa) has been a lawful permanent resident for less than 6 years and such status has not been abandoned, rescinded under section 246 of the Immigration and Nationality Act [ 8 U.S.C. 1256], or terminated through removal proceedings under section 240 of the Immigration and Nationality Act [ 8 U.S.C. 1229a], and the Commissioner of Social Security has verified such status, through procedures established in consultation with the Secretary of Homeland Security;
(bb) has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income benefits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending;
(cc) has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96�422), for purposes of the specified Federal program described in paragraph (3)(A);
(dd) has had his or her deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act [ 8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104�208), or whose removal is withheld under section 241(b)(3) of such Act [ 8 U.S.C. 1231 (b)(3)];
(ee) has not attained age 18; or
(ff) has attained age 70.
(IV) Declaration required
(aa) In general For purposes of subclauses (I) and (II), the declaration required under this subclause of a qualified alien or victim of trafficking described in either such subclause is a declaration under penalty of perjury stating that the alien or victim has made a good faith effort to pursue United States citizenship, as determined by the Secretary of Homeland Security. The Commissioner of Social Security shall develop criteria as needed, in consultation with the Secretary of Homeland Security, for consideration of such declarations.
(bb) Exception for children A qualified alien or victim of trafficking described in subclause (I) or (II) who has not attained age 18 shall not be required to furnish to the Commissioner of Social Security a declaration described in item (aa) as a condition of being eligible for the specified Federal program described in paragraph (3)(A) for an additional 2-year period in accordance with this clause.
(V) Payment of benefits to aliens whose benefits ceased in prior fiscal years Benefits paid to a qualified alien or victim described in subclause (II) shall be paid prospectively over the duration of the qualified alien�s or victim�s renewed eligibility.
(ii) Special rule in case of pending or approved naturalization application With respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2009 through 2011 to an alien described in one of clauses (i) through (v) of subparagraph (A) or a victim of trafficking in persons (as defined in section 7105 (b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101 (a)(15)(T)(ii)
(3) �Specified Federal program� defined
For purposes of this chapter, the term �specified Federal program� means any of the following:
(A) SSI
The supplemental security income program under title XVI of the Social Security Act [ 42 U.S.C. 1381 et seq.], including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act [ 42 U.S.C. 1382e (a)] and payments pursuant to an agreement entered into under section 212(b) of Public Law 93�66.
(B) Food stamps
The food stamp program as defined in section 3(l) of the Food Stamp Act of 1977 [1] [ 7 U.S.C. 2012 (l)].
(b) Limited eligibility for designated Federal programs
(1) In general
Notwithstanding any other provision of law and except as provided in section 1613 of this title and paragraph (2), a State is authorized to determine the eligibility of an alien who is a qualified alien (as defined in section 1641 of this title) for any designated Federal program (as defined in paragraph (3)).
(2) Exceptions
Qualified aliens under this paragraph shall be eligible for any designated Federal program.
(A) Time-limited exception for refugees and asylees
(i) Medicaid With respect to the designated Federal program described in paragraph (3)(C), paragraph (1) shall not apply to an alien until 7 years after the date�
(I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157];
(II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158];
(III) an alien�s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104�208) or section 241(b)(3) of such Act [ 8 U.S.C. 1231 (b)(3)] (as amended by section 305(a) of division C of Public Law 104�208);
(IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(V) an alien [3] admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) [1] of this section until 5 years after the date of such alien�s entry into the United States.
(ii) Other designated Federal programs With respect to the designated Federal programs under paragraph (3) (other than subparagraph (C)), paragraph (1) shall not apply to an alien until 5 years after the date�
(I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157];
(II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158];
(III) an alien�s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104�208) or section 241(b)(3) of such Act [ 8 U.S.C. 1231 (b)(3)] (as amended by section 305(a) of division C of Public Law 104�208);
(IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(V) an alien [3] admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) [1] of this section until 5 years after the date of such alien�s entry into the United States.
(B) Certain permanent resident aliens
An alien who�
(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and
(ii)
(I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title, and
(II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.
(C) Veteran and active duty exception
An alien who is lawfully residing in any State and is�
(i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A (d) of title 38,
(ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
(D) Transition for those currently receiving benefits
An alien who on August 22, 1996, is lawfully residing in any State and is receiving benefits under such program on August 22, 1996, shall continue to be eligible to receive such benefits until January 1, 1997.
(E) Medicaid exception for certain Indians
With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the medicaid program), section 1611 (a) of this title and paragraph (1) shall not apply to any individual described in subsection (a)(2)(G) of this section.
(F) Medicaid exception for aliens receiving SSI
An alien who is receiving benefits under the program defined in subsection (a)(3)(A) of this section (relating to the supplemental security income program) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) under the same terms and conditions that apply to other recipients of benefits under the program defined in such subsection.
(3) �Designated Federal program� defined
For purposes of this chapter, the term �designated Federal program� means any of the following:
(A) Temporary assistance for needy families
The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.].
(B) Social services block grant
The program of block grants to States for social services under title XX of the Social Security Act [ 42 U.S.C. 1397 et seq.].
(C) Medicaid
A State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.], other than medical assistance described in section 1611 (b)(1)(A) of this title.
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8 U.S.C. § 1304 : US Code - Section 1304(e)
"Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate
of alien registration or alien registration receipt card issued to
him pursuant to subsection (d) of this section. Any alien who fails
to comply with the provisions of this subsection shall be guilty of
a misdemeanor and shall upon conviction for each offense be fined
not to exceed $100 or be imprisoned not more than thirty days, or
- both."
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U.S. Code Browse
TITLE 8--ALIENS AND NATIONALITY
- CHAPTER 1--GENERAL PROVISIONS
- CHAPTER 2--ELECTIVE FRANCHISE
- CHAPTER 3--CIVIL RIGHTS
- CHAPTER 4--FREEDMEN
- CHAPTER 5--ALIEN OWNERSHIP OF LAND
- CHAPTER 6--IMMIGRATION
- CHAPTER 7--EXCLUSION OF CHINESE
- CHAPTER 8--THE COOLY TRADE
- CHAPTER 9--MISCELLANEOUS PROVISIONS
- CHAPTER 10--ALIEN REGISTRATION
- CHAPTER 11--NATIONALITY
- CHAPTER 12--IMMIGRATION AND NATIONALITY
- CHAPTER 13--IMMIGRATION AND NATURALIZATION SERVICE
- CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
- CHAPTER 15--ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
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Source: Cornell Law School U.S. Code Collection
US CODE: TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII
§ 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.
(2) Any person who, knowing or in reckless disregard of the fact that an alien
has not received prior official authorization to come to, enter, or reside in
the United States, brings to or attempts to bring to the United States in any
manner whatsoever, such alien, regardless of any official action which may later
be taken with respect to such alien shall, for each alien in respect to whom a
violation of this paragraph occurs
(A) be fined in accordance with title 18 or imprisoned not more than one year,
or both; or
(B) in the case of
(i) an offense committed with the intent or with reason to believe that the
alien unlawfully brought into the United States will commit an offense against
the United States or any State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private
financial gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and
presented to an appropriate immigration officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a first or
second violation of subparagraph (B)(iii), not more than 10 years, in the case
of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than
3 nor more than 10 years, and for any other violation, not less than 5 nor more
than 15 years.
(3)
(A) Any person who, during any 12-month period, knowingly hires for employment
at least 10 individuals with actual knowledge that the individuals are aliens
described in subparagraph (B) shall be fined under title 18 or imprisoned for
not more than 5 years, or both.
(B) An alien described in this subparagraph is an alien who
(i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title),
and
(ii) has been brought into the United States in violation of this subsection.
(b) Seizure and forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft, that has been or is
being used in the commission of a violation of subsection (a) of this section,
the gross proceeds of such violation, and any property traceable to such
conveyance or proceeds, shall be seized and subject to forfeiture.
(2) Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the
provisions of chapter 46 of title 18 relating to civil forfeitures, including
section 981(d) of such title, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in that section shall
be performed by such officers, agents, and other persons as may be designated
for that purpose by the Attorney General.
(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.
(B) Official records of the Service or of the Department of State showing 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.
(C) Testimony, by an immigration officer having personal knowledge of the facts
concerning that alien’s status, 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.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of
any provision of this section except officers and employees of the Service
designated by the Attorney General, either individually or as a member of a
class, and all other officers whose duty it is to enforce criminal laws.
(d) Admissibility of videotaped witness testimony
Notwithstanding any provision of the Federal Rules of Evidence, the videotaped
(or otherwise audiovisually preserved) deposition of a witness to a violation of
subsection (a) of this section who has been deported or otherwise expelled from
the United States, or is otherwise unable to testify, may be admitted into
evidence in an action brought for that violation if the witness was available
for cross examination and th
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