Submitted by: Jackie Juntti
Why aren't the LAW ENFORCEMENT OFFICERS in America arresting and prosecuting the entire BUYDUMB administration and charging them with the LAWS they are in hard core violation of related to the ILLEGAL that are invading America - aided and abetted by BUYDUMBS E.Os. and total ignoring of the LAW?
Each and every LAW below has been ignored and must be enforced or America is long gone and will be ruled by the WHO and the GLOBALISTS . Remain silent and enjoy your CHAINS as SLAVERY is already here.
Enjoy walking the Halls of CLOWNGRESS?????
Jackie Juntti
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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 Service
Current 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.edu/
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))).[2]
(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)]), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period during fiscal years 2009 through 2011 in the case of such a qualified alien or victim of trafficking who furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable) and is described in subclause (III).
(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)]) rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996, and ending on September 30, 2008, solely by reason of the termination of the 7-year period described in subparagraph (A) shall be eligible for such program for an additional 2-year period in accordance with this clause, if such qualified alien or victim of trafficking meets all other eligibility factors under title XVI of the Social Security Act [ 42 U.S.C. 1381 et seq.], furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable), and is described in subclause (III).
(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)]), if such alien or victim (including any such alien or victim rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996, and ending on September 30, 2008, solely by reason of the termination of the 7-year period described in subparagraph (A)) has filed an application for naturalization that is pending before the Secretary of Homeland Security or a United States district court based on section 336(b) of the Immigration and Nationality Act [ 8 U.S.C. 1447 (b)], or has been approved for naturalization but not yet sworn in as a United States citizen, and the Commissioner of Social Security has verified, through procedures established in consultation with the Secretary of Homeland Security, that such application is pending or has been approved.
(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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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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BORDER ISSUES
The Laws that are NOT being enforced
http://www.usdoj.gov/crt/osc/
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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http://trac.syr.edu/laws/08/
CITE
8 USC Sec. 130401/05/2009
EXPCITE
TITLE 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION Part VII - Registration of Aliens
HEAD
Sec. 1304. Forms for registration and fingerprinting
STATUTE
(a) Preparation; contents The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 1301 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 1302 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed. (b) Confidential nature All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title, and (2) to such persons or agencies as may be designated by the Attorney General. (c) Information under oath Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose. (d) Certificate of alien registration or alien receipt card Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General. (e) Personal possession of registration or receipt card; penalties 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. (f) Alien's social security account number Notwithstanding any other provision of law, the Attorney General is authorized to require any alien to provide the alien's social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service.
SOURCE
(June 27, 1952, ch. 477, title II, ch. 7, Sec. 264, 66 Stat. 224; Pub. L. 99-653, Sec. 10, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100- 525, Sec. 8(i), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101-649, title V, Sec. 503(b)(2), Nov. 29, 1990, 104 Stat. 5049; Pub. L. 104- 208, div. C, title IV, Sec. 415, Sept. 30, 1996, 110 Stat. 3009- 669.)
REFERENCES IN TEXT
The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended. Title III of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403(a)(39) of act June 27, 1952.
AMENDMENTS
1996 - Subsec. (f). Pub. L. 104-208 added subsec. (f). 1990 - Subsec. (b). Pub. L. 101-649 inserted "(1) pursuant to section 1357(f)(2) of this title, and (2)" after "only". 1988 - Subsec. (a). Pub. L. 100-525 amended Pub. L. 99-653. See 1986 Amendment note below. 1986 - Subsec. (a). Pub. L. 99-653, as amended by Pub. L. 100- 525, amended first sentence generally, striking out "and fingerprinting" before "of aliens under section 1301". EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99-653, set out as a note under section 1201 of this title. @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ @@@@@@@@@@@@
http://www.ice.gov/pi/news/
Fact Sheet
SECTION 287(G) IMMIGRATION ENFORCEMENT
Section 287(g) originated in the 1996 amendments to the Immigration and Nationality Act passed by Congress. The initiative is designed to effectively multiply the forces of U.S. Immigration and Customs Enforcement (ICE) through enhanced cooperation and communication with state and local law enforcement. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.
Section 287(g) is a voluntary program. Individual local or state law enforcement agencies or government departments are free to contact ICE if they are interested in participating. Once accepted into the program, a Memorandum of Understanding (MOU) is created to outline the specific responsibilities and procedures appropriate to a specific law enforcement group�s needs and capabilities. ICE develops a specialized training course (typically five weeks) for that group focusing on immigration law, civil rights, intercultural relations, and the issues and illegalities surrounding racial profiling. When they successfully complete the course and pass all related examinations, the officers receive an official certification from ICE that allows them special authorities regarding immigration violators called 287(g) authority. After certification, ICE continues to provide supervision and support, helping officers to determine the appropriate response once they determine a suspect to be an immigration violator.
Specific MOUs may authorize slightly different procedures for different law enforcement entities. Generally speaking, under 287(g) authority, when a trained and certified officer encounters, during his regular activities, an individual who is an immigration violator, he or she may question and detain the individual for potential removal from the United States by ICE. Particularly in cases where the individual is deemed to be a flight risk, a repeat immigration offender, or a particular threat to local or national security, 287(g) provides a valuable extra tool to local and state authorities.
Already 287(g) has achieved numerous successes in cooperative law enforcement. There are 62 trained and certified officers in the Florida Department of Law Enforcement and 21 in the Alabama State Police, with 25 more slated to earn certification in �06. Within the next few months, ICE will also be training six L.A. County Jail Custody Assistants to process criminal aliens for removal from the U.S. while they are in jail custody. This training is expected to take four weeks, and as with all 287(g) participants, all actions taken by the L.A. County personnel will be supervised and reviewed by ICE officers.
While enforcing immigration law is primarily a federal responsibility, Section 287(g) provides a mechanism for enlisting the help of state and local law enforcement entities in this effort with minimal impact on their normal daily routines and responsibilities.
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http://www.americanpatrol.com/
"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . imprisoned not more than 5 years, or both."
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, or
- * knowingly assists illegal aliens due to personal convictions.
- * knowingly assists illegal aliens due to personal convictions.
- Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
- Recruitment and Employment of Illegal Aliens
- It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.
- An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.
- Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.
- IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.
- Encouraging and Harboring Illegal Aliens
- It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.
- An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.
- The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.
- Enforcement
- A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.
- State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.
- RICO -- Citizen Recourse
- Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.
- Tax Crimes
- Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In additon to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.
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