RICO-The New Tool For Law Enforcement(You Have the Power to Stop Illegal Immigration)

ILW.com ^ | Micah King

[garbageseeker]

This caught my eye several months ago and its a good way of enforcing immigration law.This may give you the added tool to enforce immigration law.

From the Backrounder

In 1996, Congress expanded the Racketeer influenced and Corrupt Organization(RICO) to include violations of federal immigration law. While this expansion may not recieved publicity, it could potentially change the face of U.S. immigration law eforcement. Under the new RICO provisions, a violation of certain provisions of the Immigration and Nationality Act(INA) meets the definition of racketeering activity, also know an "predicate offenses" and an entity that engages in a pattern of activity for financial gain can be both ciminally and civilally liable. Among other things, the INA makes it unlawful to encourage illegal immigration or employ illegal aliens,which are violations were included as predicate offenses under RICO. The Reason-The inclusion of INA violations as RICO predicate acts in the 1996 immigration reform act was an attempt by Congress to provide private citizens with recorse in the face of the recourse in the face of widespread disregard for immigration laws. Now, citizens and businesses are the beginning to avail themselves of this powerful new tool, and, if the intent of Congress bears fruit, the results can drastically change law enforcement, based on private interest as opposed to government interest. By providing employers strong incentives for employers and businesses to stop engaging the encouragement of buisnesses for financial gain, this would reduce illegal immigration in the United States simply by working through the U.S. courts.

[garbageseeker]

This could be a important law against muncipalities who have "sanctuary laws" for illegal immigants. Several lawsuits have been filed here in California against cities using this law.

[garbageseeker]

Here are some links:

http://www.vdare.com/fulford/ricol.htm

http://www.cis.org/articles/2003/back1103.html

http://www.vdare.com/fulford/lawsuit.htm

[SandRat]

Sheriff Joe Aripaio is doing his part in Maricopa County Arizona by rounding up illegals in Maricopa County and charging them with committing Conspiracy to Smuggle because they hired the Smuggler to bring them in illegally.

Remember Sheriff Joe? He's the one with a tent city jail in the middle of the Arizona desert.

[Don Corleone]

And just WHO is going to bring a successful lawsuit here? And Who is going to enforce the outcome? Nobody is doing it with any of the existing laws now. The congress is looking to create more dependants on BIG GOVERNMENT and state sponsored Socialism. Taxpayers and honest citizens be damned!

[canuck_conservative]

How about suing government agencies (Border Patrol, ICE,IRS) for not enforcing the existing laws?

[Lurker]

There's actually an ongoing case before SCOTUS IIRC regarding Mohawk Carpet mills on exactly this issue.

There was a thread here on it just a few days ago. I'll see if I can find it and ping you to it.

Believe it or not, the Bush Admin actually argued that RICO should cover this activity.

Even a blind pig...

L

[Mikey_1962]

RICO is like crack and play-dough for prosecutors.

[AJFavish]

Here is somebody who is doing it:

http://www.johnsonandbell.com/attorney/biographies/foster.html

Regards,

Allan J. Favish
http://www.allanfavish.com

[garbageseeker]

I would say that it is theoretically possible. It would first have to be litigated in court whether the law can cover the Federal government.

[Dante3]

Good.

[randog]

...the RICO act allows America’s notoriously hungry tort lawyers to do what the government won’t.

Tort lawyers love to find/start "cottage industries", e.g. tobacco lawsuits, asbestos lawsuits, etc. If the initial suits are successful, suing employers of illegals could keep them in the chips for decades and put this problem to rest.

[garbageseeker]

bump

[mewzilla]

Court Considers Use of RICO To Attack Hiring of Illegals

[garbageseeker]

Ironically, the Bush administration argued in favor of it. Thanks to a previous post mentioning it.

[mewzilla]

Ironically, the Bush administration argued in favor of it.

Someone must've goofed.

[garbageseeker]

Bump. Somebody was definitely asleep at the switch.

[Lurker]

Thanks very much.

L

[nicmarlo]

FYI, a SCOTUS ruling in March 22, 2005:

Local Law Enforcement may cooperate with Immigration Enforcement

In a March 22, 2005 ruling, in Muehler v Mena, in unanimous decision from a Court known for its 5-4 splits, the United States Supreme Court essentially said that asking about immigration status during a lawful police contact (or, by implication, any lawful contact) was as fundamental a question as asking for name, address and date of birth. Indeed, the Court made clear that no predicate "independent reasonable cause' need exist to inquire into immigration status. It is the Law of the Land.

Calling a decision by the 9th Circuit Court of Appeals “faulty,” the Supreme Court held that “mere police questioning [regarding one’s immigration status] does not constitute a seizure.” The Court continued its landmark ruling on this issue by stating that “the officers did not need reasonable suspicion to ask Mena for her name, date of birth, or immigration status.”...

If there were even a hint that merely asking about immigration status is discriminatory (as claimed by proponents of the proposed Ordinance), then you might expect to have had at least one dissenter in that decision: Justice Ruth Bader Ginsberg. Justice Ginsberg was general counsel of the ACLU from 1973 to 1980 and sat on its National Board of Directors from 1974 to 1980. Justice Ginsberg's joining the entire court in this decision speaks volumes about its judicial wisdom and legal common sense.

Congress expressly intended for local law enforcement to act in cases in which officers have reason to believe that an individual is in the country illegally, even though immigration law enforcement is not their primary responsibility. In 1996, Congress passed and President Clinton signed legislation that protects individual officers who act to enforce federal immigration laws, even if their departments have non-cooperation policies.

[SandRat]

Now to get them to use RICCO against the ACLU.

[soccer_maniac]

How about suing government agencies (Border Patrol, ICE,IRS) for not enforcing the existing laws?

It's amazing that the IRS won't do anything about employers hiring hundreds of illegals

[mewzilla]

You're welcome. Now we know why the 'Rats and RINOs are in such an all-fired rush...

[garbageseeker]

But in Los Angeles, the Mayor and City Council prevents the LAPD(Special Order 40) prevents the LAPD in participating in rounding up illegal aliens. They can not even ask their immigration status. This is very similar in many cities that have "Sanctuary City" ordinances. Is the city then promoting in an illegal enterprise"?

[concerned about politics]

This could be a important law against muncipalities who have "sanctuary laws" for illegal immigants. Several lawsuits have been filed here in California against cities using this law.

Good. It's nice to hear someone is getting this ball rolling.
This is a great move. Someone was thinking!

[nicmarlo]

I know what LA is doing, but according to SCOTUS, law enforcement can disobey those "sanctuary laws" when they follow "the law" (i.e., the Supreme Court's decision).

I certainly would say that LA is aiding and abetting criminals and criminal behavior; as such, I would think the city is liable for suit as they are putting citizens at risk for injury, assault, and death by illegals, which in itself is criminal.

[garbageseeker]

Bump

[mewzilla]

And not just LA...

Chicago Declared an Immigrant Sanctuary

[nicmarlo]

I know, it's going on all around the country. Wouldn't it be nice if elected officials and law enforcement actually were concerned about the legal taxpayers who pay their salaries, rather than the nonrights of illegals?

[concerned about politics]

Wouldn't it be nice if elected officials and law enforcement actually were concerned about the legal taxpayers who pay their salaries, rather than the nonrights of illegals?

To the pandering politicians, the tax payers are nothing but dollar signs. We're their tax slaves. If we can't support our own families as well as the incoming 90 million new immigrants, we'll just have to take on two jobs if we want to eat. As long as they get our money, why would they care what happens to us?
It's the votes that count, silly, and the grasshoppers are about to outnumber the ants.

[nicmarlo]

To the pandering politicians, the tax payers are nothing but dollar signs.

I know and they sicken me.

[garbageseeker]

That is the nice feature of this law. If enough people filed private RICO violations against employers who knowingly hire illegal aliens that would prompt employers to stop hiring them and end the magnet of illegal aliens. That could effectively solve most of the problems.Also banks who take knowingly money from illegal aliens are not immune from the law.

[Balding_Eagle]

The problem is the Amnesty bill as passed by the Senate.

It not only provides Amnesty for the Invaders, it provides for Amnesty for the companies that hired them also, and shields them from RICO prosecution.

That part is likely to pass, in some form.

[garbageseeker]

I agree. I think the public by reading this post and thread they would be more educated about the power they have. Maybe we can prevent the Senate from passing that part the bill that prevents corporations to become immune to RICO.Time to melt the phone lines of the House conference committee

[garbageseeker]

Goodbye everyone. Have a nice Memorial Day!!

Keep the post coming.

[Balding_Eagle]

While I am sympathetic to those bringing the lawsuits, they cause a dilemma for me.

These suits, if successful, will bankrupt many a company for following standard operating practices as implicitly approved by the US government.

Who will benefit from a rash of major companies being forced into bankruptcy?

Certainly no US citizen, except for those who receive the proceeds of the lawsuits.

[Kimberly GG]

"These suits, if successful, will bankrupt many a company for following standard operating practices as implicitly approved by the US government. "


How do you figure?

[Balding_Eagle]

Which part?

They will bankrupt the company's because many have hired so many illegals over the years. The triple damages, and legal fees for both parties that the companies will be forced to pay if they lose will more than likely far exceed any possibility of the company paying them, and the only sensible thing for them to do would be to declare bankruptcy.

As far a 'standard operating practice', I think that speaks for itself. The government (wrongly) looked the other way for so long, that hiring illegals became the only way to do business.

I said this was a dilemma for me, I'm a law and order type. But, wrecking the company's, and thus the lives of hundreds of thousands of LEGAL employees would be a worse cure than granting the company's some leniency.

[davidosborne]

[unseen]

yes but there is a conflict. Democrats love illegal immigration the lawyers love the Democrats. So which special interest will win? hint it's not the middle class

[unseen]

If you rob and cheat for years and your entire life is based on robbing and cheating and you are finally caught what would you expect the courts to do? Most likely all your ill gotten gains would be confiscated and you would lose your freedom for a long time. After which you would have to start over from nothing. Now if this is how it works for the average Joe why should business be treated different? They have broken the law for years have profited from the law breaking and have caused many families economic hardship by giving jobs to non-citizens. They should be punished to the full force of the courts and law. If they go out of business it will send a very powerful message to business in the future. Play by the rules or else.

[davidosborne]

Take a peek at some of the LIBERAL blogs... this is really an AMERICAN issue... both sides of the aisle ARE united in favor of the HOUSE bill not the SHAMNESTY that the Senate produced

David

[Balding_Eagle]

What would you do about the hundreds of thousands of families whose lives would be devastated?

[Rick_Michael]

ping

[garbageseeker]

Yes it will be messy. Once businesses and banks just how devastating the RICO penalties can be it would be in their financial interest to resist the urge to hire and take money from illegal aliens. A successful case will send a message to Corporate America that immigration laws is to be respected. Remember, corpoations who hire illegal aliens are undercutting their competition by offering lower wages and not providing Workman's compensation mandated by state and federal OSHA regulations. They force the competition who follow the rules by providing a decent wage and Workman's competition to go out of businesses laying off more workers.A good example is New Orleans. Many of the people who live there went back to look for construction jobs. To their surprise, those jobs were taken by illegal aliens who are being paid lower wages.

[Balding_Eagle]

Can someone would explain how to fairly address the hundreds of thousands of families whose lives would be turned upside down as a result of these RICO suits?

Forcing the companies into bankruptcy might be fair punishment for them and their owners, but they also employ a lot of people who are long time, legal, loyal employees who deserve justice also.

How do THEY get justice when their jobs, health insurance, and their retirement plans are ripped from them?

I would find it a lot easier to get onboard all this if it weren't for them.

[garbageseeker]

Do you want thousands of Americans citizens losing their jobs because of the businesses and paying lower wages to illegal immigrants therefore undercutting their competition and killing the American Middle class or the businesses and banks respecting the immigration laws and hiring lawful citizens Americans? Businesses and banks who undercut businesses who meet regulations required by local,state and federal governments are prime targets for RICO because they are profiting from and promoting a illegal enterprise for attracting and hiring illegal immigrants. Employers who hire illegal aliens should not deserve to enjoy the fruits of their illegal behavior at the expense of citizens of the United States. The money they collect from RICO lawsuits should be used to create jobs and job retraining for citizens of the United States. Again, it will be messy but things always sort themselves out

[Balding_Eagle]

Well, isn't that nice, avoid direct questions and sweep all those betrayed families under the rug. Real nice as long as you don't know them personally.

Good luck, breezy answers to serious questions aren't going to get many of us to line up behind you.

[garbageseeker]

I am being a patriot and saving the American Middle class which has been disappearing because employers hire illegal immigrants therefore depressing wages. While the employers are making money by depressing wages from their illegal acts.Congress gave the people the power to do this because they knew the government was not prosecuting businesses who hire illegal immigrants. The people have the power, now is the time to exercise your rights.

[Balding_Eagle]

I notice, and I'm sure readers notice, your unwillingness to tackle the result of your misplaced enthusiam.

Move along, I'm looking for someone who will address this big issue seriously.

[garbageseeker]

I am. Corporations, banks and municipalities must be seriously penalized for flagrantly disregarding our U.S. immigration laws for decades. The entities(banks,businesses and corporations) have make billions of dollars in profits while taxpayers have spent billions of dollars in social services for displaced lawful American workers that have been undercut by employers hiring illegal immigrants. That is not including the billions of dollars more spend on illegal aliens using those same services.

Corporations must pay for the billions of dollars they have reaped in lax enforcement. Now is the time to sow the consequences


This is a issue with strong opinions and I am just giving the people and alternative. I respectfully disagree.

[garbageseeker]

Here is a link to the Federal Immigration and Nationality act

http://www.mnforsustain.org/immigration_hiring_law_excerpts_from_us_code.htm