Posted on 04/08/2006 1:48:53 PM PDT by Gritty
TAMMY BRUCE OPENS John McCain Thinks Americans Are French with a picture that says ten thousand words, and this caption to get you started: "Pfc. Jonathan Dixon provides perimeter security in Iraq on 3/31/06. Wait a minute! This is a hard, dirty, underpaid job--how did they find Jon? President Bush and Senator McCain told me Americans won't do these types of jobs!"
Last week the news also gave us reports of how the New Orleans demographic grew a sudden Hispanic bump when word got around that construction jobs at $16 an hour were to be had for the asking all over the region. New Orleans natives, scattered to the pre-paid Motel 6's of the world and vowing not to come back until "all that stuff gets fixed," were unavailable for comment.
Appearing more and more in comedy monologues and sardonic conversations across the nation is the catch-phrase of the entire immigation debate, "Jobs Americans won't do." Politicians and others that support open borders evidently feel that just saying that illigal aliens are "are doing the jobs Americans won't do." wins the argument. Hence they repeat it as their central "talking point." The problem is that a talking point, used over and over in blunt repitition, ceases to be a 'point' and becomes instead a "mantra." You remember mantras. The Beatles had them. Fat lot of difference it made in how it all turned out, right?
The purpose of a mantra is to bore the mind. To numb the brain so much that it stops thinking. And with people in search of their inner bliss a mantra seems to work wonders. But when you come to people in search of answers and solutions you'll find that they'll take your talking-point mantra after a lot of repitions and say "Whoa, what does this really mean?" And once they do that, it is all over for the mantra because, at the core, a mantra is not supposed to have any meaning; its function is to bore and dull the mind.
So it has become with The McCain-Kennedy Mantra "Illegals are doing the jobs Americans won't do."
As example after example shows up where Americans are doing tough and dirty jobs for what would seem to our media, political and other professional classes to be chump change, it seems we might want to change the mantra to something more substantial and meaningful that blows away the blue smoke and mirrors in the labyrinth around the immigration issues.
My current replacement statement, not nearly so catchy as "Illegals are doing the jobs Americans won't do" reads:
"Americans will do a tough and dirty job for $15 an hour until somebody else shows up from somewhere and offers to do the same job for $10 an hour, at which point the American will be fired, laid off, or told 'Hey, I'd like to hire you, but the government has said this is a job that Americans won't do.' "
My brother Tom taught elementary school for nearly 30 years. It was a job a lot of Americans will do. Teaching is a soft job that has become softer still over the decades thanks to the Teachers' Union that is always whining for and getting more pay for less work with bigger benefits. These days teaching is a good deal getting better all the time. Of course, the Teachers' Union has become quite adept at putting out a line of utter crap about how "difficult" teaching is. So good that a lot of teachers actually believe their own BS. But think about our "hard working and dedicated teachers" as school after school over the coming weeks dumps its students out to swarm in the streets and the teachers kick back for a little quality time in the coffee lounge. Think about how "difficult" teaching is when you add up your vacation time this year and compare it to the 4+-months of effective vacation time you'd have as a teacher this year. This is not a job that Americans won't do, but one that is rapidly becoming a job that Americans can't afford to fund.
My brother retired from teaching a bit early beccause he frankly couldn't take the ever rising tide of administrative BS generated by the teaching establishment. Now he runs his own lawn-care company. By himself. His truck. His tools. His insurance. His liability.
You call, he comes and your yard looks a lot better. He brings to the job a work-ethic made of stainless steel, and an obsession with perfection, order and neatness that will drive you nuts in the house but works out well for your lawn.
As anyone who has ever done it can tell you, yard work is a chore at your own place, but a real job-of-work if you do it at five to eight places a day. My brother does this and he's happy at it. He's not as young as he once was (Who is?), and its the kind of work that makes you look for a hot bath at the end of the day. It's exactly the kind of grimy job that Americans won't do, but you don't get much more American than Tom.
Now he's not trimming the grass and hauling yard waste to the dump in his truck for the fun of it (For one thing he hates to get his truck dirty.), but because he also wants the work to help pay his bills. Sort of the reason most people work, isn't it? His yard work service helps bridge a gap between pension income from teaching and negative cash flow that comes from mortgage, family, and an unfortunate love affair with Harley Davidson motorcycles. Simply put he works his job because he needs the money, he's good at it, and he's his own boss. He sets his price and he gets the jobs and he does them well and he gets paid.
He lives in the California mountains east of Sacramento. I don't know what his price is but let's say its $30 a lawn on average. He'll do this job Americans won't do at this price and he has more than enough work when the weather's right. But if enough illegals make it to and establish themselves in this part of the California mountains with the implicit blessing of the government, it won't take long before you see the kind of 150 man shape-ups by the side of the road of illegals ready to do the exact same job for $20 or less. At that point, my brother's landscaping business is over for him. Not because it is a job an American won't do for $30, but because it is a job that an American can't do for $20.
Ah, you say, well it is a free market, let him cut his price to $20 to compete. Ah, I say, you don't really get how Mexican shape-ups in Southern California (coming soon to American towns everywhere) work. You cut your price to $20, their going price soon drops to $15. You follow and theirs goes to $10 and they'll throw in their brother for free. It's capitalism raw and bloody but with a built-in bias for the illegal since his overhead is close to absolute zero and the California welfare state gives him medical insurance for free. Down at the bottom of our labor landscape the playing field is anything but level. And it ain't tilted towards American citizens.
If you want to see a world in which we've created a federally sanctioned labor pool whose central mantra is:
"Americans will do a tough and dirty job for $15 an hour until somebody else shows up from somewhere and offers to do the same job for $10 an hour, at which point the American will be fired, laid off, or told 'Hey, I'd like to hire you, but the government has said this is a job that Americans won't do.' "
you need to join the ever-swelling hordes in the streets demanding a blanket amnesty and exemption from the law. And while you're at it, you need to join with them to demand that, even though they are illegal, they not only be given the right to work without fear or harrassment, but that they also be given the right to vote. That's next in the list of illegals' demands. Depend upon it.
After all, they're here in their milliions and "they pay their taxes just like everybody else" (Right. Sure. Every time. Every penny. ), so it is only fair that they get to vote too. No taxation without representation and all that. The actual single job that all these illegal aliens are prepared to do that over half of Americans won't do is to "vote Democratic." And when millions of illegals vote Democratic they will get their real payday, billions in new social programs -- just for them.
It's politics, the dirty job that most Americans won't do.
The Law Against Hiring or Harboring Illegal Aliens
The following is an overview of federal law on hiring and harboring illegal aliens. It is not a substitute for professional legal counsel in specific situations.
Summary
A person (including a group of persons, business, organization or local government) commits a federal felony when he:
* assists an alien whom he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment,
* encourages that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way, or
* 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 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.1 It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.2 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.3
It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements.4 Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with 3 days advance notice, they 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.5 Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law.6
An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor.7 The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements.8
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.9
An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts.10 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.11 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 workforce of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.12
It is illegal for non-profit and religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist aliens.13 Harboring or aiding illegal aliens is not protected by the First Amendment.14
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 5 years.15
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.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.17 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.18 Any person who within any 12-month period hires ten or more individuals with actual knowledge that they illegal aliens or unauthorized workers is guilty of felony harboring. 19
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.20 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”.21 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 20 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. 22 Courts can impose consecutive prison sentences for each alien smuggled or harbored.23 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.24
Conspiracy to commit the 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.25
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.”26
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.27
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.28
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.29 Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.30
Any vehicle used to transport or harbor illegal aliens, or 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.31
Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire or actually violate federal alien smuggling, harboring, or document fraud statutes under the Racketeer-Influenced and Corrupt Organizations Act (RICO).32 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 non-profit associations.
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.33
U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than 3 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.34
In addition to the federal statutes summarized above, 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.
1. INA 274A(a)(1)(A).
2. INA 274A (a)(2).
3. INA 274B(a)(4).
4. INA 274A(a)(1)(B)(i).
5. 46 USC 8704, 8 CFR 274a.1(f), (h).
6. Jenkins v. INS, 108 F.3d 195, (9th Cir.1997).
7. 8 CFR 274a.1(g).
8. 52 Fed. Reg. 16219 (May 1, 1987).
9. 8 CFR 274a.2(b)(1)(iii).
10. 8 CFR 274a.1(l).
11. 8 CFR 274a.1(l)(1).
12. Seven Star Inc. v. U.S., 933 F. 2d 791 (9th Cir., 1991).
13. AFSC v. Thornburgh 961 F.2d 1405 (9th Cir. 1992), Intercommunity Center for Peace and Justice v. INS, 910 F.2d 42 (2nd Cir. 1990).
14. U.S. v. Merkt 794 F.2d 950 (5th Cir. 1986), cert. denied 480 US 946.
15. INA 275(d).
16. INA 274(a)(1)(A)(iii).
17. U.S. v. Lopez, 521 F.2d 437 (2nd Cir 1975), cert. denied 423 US 995.
18. U.S. v. Kim, F.3d ---, 1999 WL 803256 (2nd Cir. Oct. 8, 1999).
19. INA 274(a)(3).
20. INA 274(a)(1)(A)(iv).
21. U.S. v. Oloyede, 982 F.2d 133 (4th Cir. 1992).
22. 274(a)(1)(B).
23. Vega-Murillo v. U.S., 247 F.2d 735 (9th Cir. 1957), cert. denied 357 U.S. 910.
24. U.S. v. Sanga, 967 F.2d 1332 (9th Cir. 1992).
25. 18 USCS 371.
26. 8 CFR 274a.9(b).
27. INA 274(c).
28. U.S. v. Ontoniel Vasquez-Alvarez, 176 F.3d 1294 (10th Cir.1999), cert. denied, SC 99-5643 (Oct. 4, 1999).
29. U.S. v. Brignoni-Ponce, 422 U.S. 873, 884-887 (1975).
30. 63 ALR Fed.180.
31. INA 274(a), (b)(1).
32. 18 USC 1961-1968.
33. 26 USCS 7206.
34. INA 274B(d).
Updated 12/99
http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecentersbcdd
I spent my early years on a subsistence farm where we moved when my dad was laid off, like millions of other Americans, from his railroad job when the great depression came along. We were mostly dependent on ourselves for our vegetables and most of our meat. Does anyone imagine what would become of our illegals if this kind of thing happened again, and American citizens would be out fighting against them for the "jobs that Americans won't do"? I think we are living in a fool's paradise when we pay these people and keep them here.
bttt
That pretty much covers it, doesn't it?
So, why do we need 500 pages of new laws?
Jobs that Americans won't do? Ha. Tell that to my friend who had to shut down his business because of illegal aliens doing the same work for under the table wages... Hard working AMERICAN that he is, he started a new one (which required large amounts of $ for equipment - a barrier that discourages more illegals from cutting in.) (Nice if you have the cash)
American adults and young new workers might as well forget some jobs in the construction field. They emplyers won't welcome them because they are afraid of Americans blowing the whistle on their illegal hiring. Illegal aliens don't want them around because they are either worried about being turned in, or hate "the gringo."
This SUCKS!
"American adults and young new workers might as well forget some jobs in the construction field. They emplyers won't welcome them because they are afraid of Americans blowing the whistle on their illegal hiring. Illegal aliens don't want them around because they are either worried about being turned in, or hate "the gringo."
One of my young relatives is a carpenter and he tells me the exact same thing. He is only one of three white males that remain working for the construction company.
I admire him for staying. Hope he finds something better soon though... And there go the summer jobs for our kids as well!
Right on!
That's really is a great idea. Good for you.
Now that is a really smart idea. Good for you, winker!
That's happening around here as well - and we are not on the border.
Illegals are taking over many of the construction jobs (false IDs, of course, and hardly a one of them speaks any English, but the contractors don't care as long as they present an ID which looks "real" and those are very easy to get) and at lower wages than local citizens get. So, guess who is getting these jobs - which are paying well over minumum wage and not doing "stoop labor"?
I understand one can even get a phony Green Card for around $300. But in North Carolina you can even be an illegal alien and get a genuine Driver's License if you can present a utility bill or some other easily obtained piece of paper, so, no problemo! Instant job. America. What a country! The jobs here grow on trees!!
As Vanderleun so sagely says, "but with a built-in bias for the illegal since his overhead is close to absolute zero and the California welfare state gives him medical insurance for free. Down at the bottom of our labor landscape the playing field is anything but level. And it ain't tilted towards American citizens."
That about says it all, in a nutshell. We are the "nuts" and our stupidity will eventually serve us up the "hell" we so richly deserve if our politicians continue us along this road heading over a cliff.
Same here with the Matricula Consular card, plus the Great Northwests' most liberal city has forbidden police from asking foreigners resident status. And anyone can get a driver's license, bank loan... Wish WE Americans were treated one tenth as well in Old Mejico! /s
A fair wage? No. A competitive wage, Yes!
And FREE HEALTHCARE, EDUCATION & WELFARE paid for by STUPID TAXPAYER'S like you & me!
The EMPLOYER benefits & the ILLEGAL WORKER benefits. The loser is the TAXPAYER!
As a teacher, I was paid $21/hr and that income was exempt from social security taxes. I used the money to pay for my fixed wing, single engine private pilot's license. That covered the weekends. 91% of my students were hired by DEC and IBM over that 3 1/2 year time frame.
You indicate that you work from 7 AM to 5 PM daily. How many hours of actual classroom instruction does that include? How long is "lunch"? How many hours are "prep" periods (non-instructional time)? How many special "teacher development" days are scheduled each year? What is it like to have 3 months off each year plus all the kids vacation weeks?
A more important question: How are your students performing? From your own words, I get the impression that your classroom is full of out of control cretins. Why do you permit iPods in the classroom? What are you doing to engage their minds to be interested in the subject? Do you know the name of every student in your classroom? Do you take an interest in their academic achievement and comprehend the obstacles each one is encountering?
I spent months in Fairborn, Ohio working for my new boss in late 2002. I stayed at a Comfort Inn. ALL the cleaning staff were white high school or college girls. There earning money for school. One of them moved on to work at my favorite watering hole, Longhorn Steakhouse. They had no intention of staying in that line of work for the long term. It was a means to an end.
We get poor results because teachers aren't teaching. They are babysitting cretins confined to their classrooms by government mandate. The focus isn't on academics. It is on avoiding a riot for 55 minutes until they can be released to the next babysitter.
My most challenging student really pressed the limits. He couldn't seem to remember anything. I finally convinced him to bring a notebook that would fit in his pocket to write down the critical pieces of information. At the end of the semester, the students in the class asked me to drop by the Archway Inn restaurant on the way home. They let me in on a detail that was withheld by the college. The problem student was an ex-con who had volunteered to participate in drug testing. The drugs tested on him destroyed his short term memory. The good news is that the notebook recommendation worked for him in other places beyond my classroom. He was able to get a job.
It seems that they are not very good babysitters, either.
Good classroom management is the foundation of effective teaching. Many do not know that, but many more do. There are many more good teachers than bad.
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