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To: rface
The way to do that is to establish a civil cause of action that permits a private citizen to sue any employer who hires an illegal alien.

First, anyone who thinks private law suits are the solution to policy problems just has been ignorant of what has been happening in the real of so-called juris-prudence in the last 20-30 years in the US.

Second, there is a legal technical issue that arises from this called standing. In order to bring suit you have to be able to demonstrate a substantial injury to yourself as an individual, not an abstract injury, but a real one. It is a fundamental principal of American jurisprudence, deriving from common law, a fundamental constitutional principal, and one that is not lightly cast aside because it means that lawsuits could explode as we file against each other for a host of imagined slights and injuries.

For instance, members of Congress generally lack standing to sue the executive branch over interpretation in enfrocing a statute. Knowing that the meatpacker 1000 miles away hires illegal aliens does not mean that I have a direct injury. I would have to show that I was denied employment as a consequence, or that I suffered food-poisoning as a direct result of using unlawful labor.

This is a simplistic and not well thought out solution to a law enforcement problem.

14 posted on 06/10/2007 8:51:29 AM PDT by AndyJackson
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To: AndyJackson

So it would be hard for an individual to win a civil case against an employer who cheats because it would be hard for the individual to establish legal standing. Would it be easier for a community (not the city or county government, but a group of individuals in a community) to file a class action suit against an employer who cheats?


36 posted on 06/10/2007 9:05:11 AM PDT by Vision Thing (Z-Visa? Z-Visa? I don't need no stinkin' Z-Visa.)
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To: AndyJackson

Actually, Congress authorized private lawsuits for junk faxes and telemarketing calls. If a $500 lawsuit per junk fax stopped the junk faxes, then a $500 lawsuit per illegal alien hired will stop the hiring of illegal aliens.

I think Congress has the power to create private lawsuits over illegal immigration because it already has authorized RICO lawsuits on this subject - google “Howard Foster” and “RICO” for more info. It just needs to simplify the procedure to expedite the filing of more lawsuits.


39 posted on 06/10/2007 9:08:30 AM PDT by Howard Jarvis Admirer (Howard Jarvis, the foe of the tax collector and friend of the California homeowner)
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