McCain changes course on immigration

Yahoo News ^ | August 2, 2007 | Jennifer Talhelm

[Tarantulas]

WASHINGTON - Republican presidential hopeful John McCain on Thursday backed a scaled-down proposal that imposes strict rules to end illegal immigration but doesn't include a path to citizenship.

The move away from a comprehensive measure is an about-face for the Arizona senator, who had been a leading GOP champion of a bill that included a guest worker program and would have legalized many of the estimated 12 million illegal immigrants living in the U.S. It failed earlier this year.

"We can still show the American people that we are serious about securing our nation's border," McCain said in a statement, adding that the new bill would "provide an essential step toward achieving comprehensive reform in the future."

McCain's immigration position has been a campaign liability among Republican voters and hurt his efforts to raise money. Other GOP presidential candidates, fellow Arizona Republicans and immigration opponents throughout the country have loudly decried his position.

Observers said McCain's switch was political. "He recognizes his position on the issue is killing him," said Steven Camarota, research director at the Center for Immigration Studies, which favors vigorous immigration enforcement.

McCain's co-sponsors include Republican Sens. Lindsey Graham of South Carolina and Jon Kyl of Arizona. All three were leading advocates for the unsuccessful comprehensive immigration measure and were bombarded with criticism for their support.

Immigrants' rights advocates jumped to condemn their decision. "It is fairly stunning they have gone from leaders on comprehensive reform legislation to lemmings running over the cliff" with the Republican opponents of the bill, said Angela Kelley, deputy director of the National Immigration Forum.

Among other things, the bill makes being in the country illegally a criminal misdemeanor and toughens penalties for re-entering after being deported. It mandates an electronic system for employers to check workers' citizenship status and requires illegal immigrants who commit a crime to be held in jail until they are deported.

[Tarantulas]

Well color me completely surprised. I wonder if he has finally come to his senses or if this is just more pandering. Either way, it's refreshing and welcome.

[IGOTMINE]

And the horse he rode in on.

Too late, John. Waaaaay too late.

[Kevmo]

Color me surprised as well. The politicians are starting to hear the voice of the citizens. I hope it’s simply too late for McCainiac and Duncan Hunter is able to harness this energized base.

[Man50D]

Republican presidential hopeful John McCain on Thursday backed a scaled-down proposal that imposes strict rules to end illegal immigration but doesn't include a path to citizenship.

You still don't get it Johnny. Here's what I propose:


Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal 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 illegal 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 illegal 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 illegal 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. ·

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 illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any 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 verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal 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 illegal 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 illegal 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 illegal 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 addition 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.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.

[Scotsman will be Free]

Too late, McClown. You already showed your true colors.

[Shermy]

“The move away from a comprehensive measure”

It’s not a move away from a comprehensive measure. It’s still an amnesty for 20+ million and 100 million of their relatives, they just get z visas and green cards, no chance to apply for citizenship. Which will be changed later.

In their fantasy world “no citizenship” is what they think is a concession the “yahoos” will appreciate.

“is an about-face for the Arizona senator”

it is not.

[woofer]

I wonder if he has finally come to his senses or if this is just more pandering.

McCainiac? Senses? You're serious?

Blantant pandering.

[cookcounty]

Unfortunately, he’s a day late and a dime short. Where’s the fence???? And why now???? He merely succeeds in looking insincere.

[Kevmo]

Cool, we see eye-to-eye on this RICO thing.

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.

Here’s what I’ve been pushing: it’s time to file Racketeering, Influencing, and Corrupt Organizations (RICO) lawsuits.

RICO lawyers could turn it around in a few years and MAKE MONEY at the same time. I’m surprised they haven’t done it already.

In the absence of enforcement, we can get the word out in the meantime that there is money to be made in filing RICO lawsuits against employers who hire illegal aliens.

Employers would have no trouble shutting down the border if they could get sued by someone under the RICO statutes for hiring these people in the first place. The next time an illegal alien kills someone in a drunk driving accident or somesuch thing, I’m going to point out that the victim’s family might be able to seek compensation from the employer under these statutes in the hopes that it would catch on. If this did catch on, would see such a swift backlash against illegal immigration that no employer would go near these people and they’ll all simply want to go back home.

[Drango]

[LibKill]

McCain has been insane for some time now.

He needs to be put in a place where there are no sharp objects and people will look after him, give him three nice meals a day and change his diapers.

[Norman Bates]

The McCain List.
Common sense conservatism

[pogo101]

Horse; barn door.

...

I’m glad he’s changed. But as a matter of HIS political fortunes, it’s too late. “Even” in a democratic republic, the voters prefer to support someone who was right BEFORE he found out that the right view was also popular.

[Black Guy who is a Republican]

He was for it before he was against it!

Too late, McCain. Your Kerry-esque revelation is ill-timed.

[sonic109]

Hit the road with that act John, we’re not interested in it or you !.

[Popman]

I wonder if he has finally come to his senses or if this is just more pandering. Either way, it's refreshing and welcome.

Pandering is refreshing and welcome?

[kaehurowing]

Too late, you’re history, Juan.

[Tarantulas]

Pandering is welcome if you pander to me! :D

[Popman]

The McCain List.

That must be the smallest ping list on FR : ^ )

Common sense conservatism

McCain was at one time a conservative, but after his addiction to (MMA) mindless media adulation, he lost his way

[Jane Austen]

Yes, but look what is going on in Florida.

[stephenjohnbanker]

“It’s not a move away from a comprehensive measure. It’s still an amnesty for 20+ million and 100 million of their relatives, they just get z visas and green cards, no chance to apply for citizenship. Which will be changed later.

In their fantasy world “no citizenship” is what they think is a concession the “yahoos” will appreciate.

“is an about-face for the Arizona senator”

it is not.”

You are the only one who completely got it : )

[AmericanInTokyo]

They are playing games with us now, and are patently insincere.

Nevertheless, it is a good evidence of the SUCCESS of the PEOPLE having risen up finally, and even more victories for the PEOPLE in store over illegal immigration, both on the federal level and particularly now in the local communities.

He realized the bus was traveling at 90 miles an hour heading straight for him, and it was a game of "chicken" he was not going to win.

Politicians! Pttooey!

[VOA]

"He recognizes his position on the issue is killing him,"

Sounds like McCain has finally come to his senses.
And is now working from The Bill Clinton Playbook.

[Pharmboy]

Oh geez...McPain can kiss my *ss in Macy’s window. McCain-Feingold will NEVER go away...hey John: why don’t YOU just go away.

[Steamburg]

Mr. straight up Kennedy’s butt.

[Steamburg]

He doesn’t just look insincere. Go enjoy your senate pension.

[upchuck]

Hey John,

You’re:

a day late
a dollar short
washed up
finished
done
ended
over with
bankrupt :)
spent
through
gone
wiped out
etc.

And, you can’t see it, but I’m smiling. Maybe some other time.

[Liz]

Sen McCain and Ariz Gov Napolitano should explain to taxpayers the public financing of the Arizona-Mexico Commission, and the Border Infrastructure Project implemented in collaboration with federal, state and local government agencies........that's OUR tax dollars.

FROM THE ARIZONA-MEXICO COMMISSION WEB SITE http://www.azmc.org/

Welcome to the Arizona-Mexico Commission (AMC) online news and information resource. The Arizona-Mexico Commission is Arizona's premiere cross-border organization.

We are a mission-driven non-profit organization chaired by Arizona's governor, Janet Napolitano. Our mission is to improve the economic well being and quality of life for residents of Arizona by promoting a strong, cooperative relationship with Mexico and Latin America through advocacy, trade, networking and information.

Looking for funding?

Look no further and check out AMC-ASU’s new funding database: Unlocking the gates to grant sponsorship in Arizona!

Visitwww.azgates.org to find funding and grant application resources online. The single information source on Arizona's Border Infrastructure Projects!

Visit www.azbip.org to find streamlined information on infrastructure projects in Arizona's border communities.

LINK State of Arizona Border Infrastructure Project http://www.bip.arizona.edu/

"The Border Infrastructure Project database is the single source of information on Arizona’s border infrastructure projects. It tracks each project’s progress along its approval, programming and funding paths and provides the information in a concise and timely way. I hope this is a valuable tool for you and that you will use it often." - Arizona Governor Janet Napolitano

The University of Arizona Office of Economic and Policy Analysis developed the Border Infrastructure Project concept in partnership with the Arizona-Mexico Commission. It is being implemented in collaboration with federal, state and local government agencies. Border communities and stakeholders will be engaged in this project through outreach efforts.

[Popman]

Yes, but look what is going on in Florida.

What's happening in Florida?

I live in Florida and have no idea what you are referring too

[gubamyster]

ping

[SwinneySwitch]

"provide an essential step toward achieving comprehensive reform in the future."

[HoosierHawk]

"We can still show the American people that we are serious about securing our nation's border," McCain said in a statement...

Observers said McCain's switch was political.

Whichever way the wind blows...though securing the nation's border was always a top priority. Right.

[Kimberly GG]

“Republican presidential hopeful John McCain on Thursday backed a scaled-down proposal that imposes strict rules to end illegal immigration but doesn’t include a path to citizenship.”

sneekey, sneekey....OF COURSE McCain can say what he wants about not giving them a path.... because in the meantime, the Dream Act will give them INSTANT citizenship. Once legalization happens, the enforcement of our immigration laws will be ‘no problemo’.

[detch]

“Amnesty John” was for it before he was against it.

Sorry, John, too late.

The only way to redeem yourself would be to demand a huge earmark for the fence all along the border, to be completed ASAP, as in construction starting tomorrow morning at a mile-a-day clip. BTW, I-5 going up-down California was constructed with concrete at a mile-a-day clip, so it can be done. NOW, DO IT.

[white trash redneck]

McCain's gall knows no bounds.

I cannot believe the contempt he is showing those who oppose amnesty. Does he seriously think that we will fall for this?

[goldstategop]

This just in: John McCain was kidnapped and replaced by a John F. Kerry space pod.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[stephenjohnbanker]

What a rat fink!

[Hot Tabasco]

Either way, it's refreshing and welcome.

For the Vietnam war hero and leader of the "Band of 14", it's nothing more than desperation.........

The sooner this phoney retires to Sun City and starts boinking his hottie wife the better the Republican party is going to be.....Arizona too.

[TomGuy]

toughens penalties for re-entering after being deported

So they get a penalty but they can still come back in, illegally, but then they get a tougher penality.

Yeh, right. And for them, deportation is a paid vacation back home.

McCain, Kyl, Graham, et al, need to shelve anything dealing with illegals. They have no credibility left.

[Soul Seeker]

Observers said McCain's switch was political.

Never would have guessed.

Don't trust him, Lindsey or Kyl. Or for that matter McConnell.

[org.whodat]

Republican presidential hopeful John McCain on Thursday backed a scaled-down proposal that imposes strict rules to end illegal immigration but doesn't include a path to citizenship.

Never trust a back stabber!

[Biblebelter]

To be successful in politics and comedy, timing is everything. McCain will never be President and he never was funny.

[SkyPilot]

[Extremely Extreme Extremist]

"Get away from me boy, you're bothering me."

[NewRomeTacitus]

This Just In:

Having his last hopes of becoming President dashed McCain desperately reverses course in an attempt to retain his Senatorial position among his state constituents.

Developing: Word of mouth about his failures - among Arizonians and those who've been pushing him down this path - will find his remaining support drying up faster than Nancy Pelosi's...

err', best not to say that.

[AmericanInTokyo]

One thing's for sure....

THESE guys are NOT happy campers!

Deported Guatemalan illegal alien criminals arrive from the United States at Guatemala international airport, July 2007.

[AmericanInTokyo]

The Spanish language media in the USA is running like crazy with this story. The headline just a few minutes ago, "McCain Takes 180 Degree Turn and Opposes Immigrants, Joing the Conservatives". That's what it said, I kid you not.

At least, the more this hits the hispanic and other illegal alien readership-oriented press (Chinese, Korean, etc) the more incentive will grow for people to get the hell out of our country and back where they came from.

[Ultra Sonic 007]

Wow, McCain makes Reagan look even more figantice.

[TheLion]

Maybe a little late for McCain, but good news anyway!

[Norman Bates]

Nah. You’re last line was funnier.