Romney: Giuliani's NYC 'Sanctuary' for Illegal Immigrants

In one of the strongest conflicts yet between Republican presidential front-runners, former Massachusetts Gov. Mitt Romney attacked rival Rudy Giuliani Wednesday, implying that Giuliani supported illegal immigration when he was mayor of New York.

"If you look at lists compiled on Web sites of sanctuary cities, New York is at the top of the list when Mayor Giuliani was mayor," Romney said at the Abbey Hotel here. "He instructed city workers not to provide information to the federal government that would allow them to enforce the law. New York City was the poster child for sanctuary cities in the country."

The Giuliani campaign issued a statement rejecting the charge. Campaign communications director Katie Levinson said, "I am not even sure we should weigh in on this, given Mitt Romney may change his mind later today about it. Mitt Romney is as wrong about Mayor Giuliani's position on illegal immigration as he was when he last mischaracterized the mayor's record and later had to apologize. New York is the safest large city in America since Mayor Giuliani turned it around -- it is not a haven for illegality of any kind. The mayor's record speaks for itself."

New York became a sanctuary city, where illegal immigrants enjoy some measure of protection, through an executive order signed by Mayor Ed Koch in 1989, five years before Giuliani became mayor in January 1994.

At a June 1994 press conference, Giuliani decried anti-illegal immigration policies as unfair and hostile.

"Some of the hardest-working and most productive people in this city are undocumented aliens," Giuliani said at the time. "If you come here and you work hard and you happen to be in an undocumented status, you're one of the people who we want in this city. You're somebody that we want to protect, and we want you to get out from under what is often a life of being like a fugitive, which is really unfair."

At a speech in Minneapolis in 1996, Giuliani defended Koch's executive order, that, in his words "protects undocumented immigrants in New York City from being reported to the INS while they are using city services that are critical for their health and safety, and for the health and safety of the entire city."

"There are times when undocumented immigrants must have a substantial degree of protection," Giuliani said.

Romney Leads Iowa, Giuliani Out Front Nationally Giuliani leads in national polls of the Republican candidates, but Romney is the current front-runner in Iowa polls of likely Republican caucus-goers, and is favored to win this weekend's straw poll in Ames.

Cracking down on illegal immigration is a compelling issue for conservative Republicans.

"You have to follow the law, and honor and respect the law," Romney said Wednesday. "And if you don't do that and create the perception that we welcome people coming into our cities or communities that are here illegally & you attract people into this country to come illegally. That's why we went from 3 million illegal aliens to 12 million illegal aliens."

Romney described Giuliani as having an "open door policy that said, 'Come on in, we want you if you're undocumented and this will be a zone of protection. You don't have to worry about city officials providing information to the federal government.'"

Romney first leveled the "sanctuary city" charge last week, trying to contrast Giuliani's policy as mayor with his own as governor, saying he'd denied driver's licenses to illegal immigrants.

Monday in Clear Lake, Giuliani protested, saying, "Frankly, that designation would not apply to New York City. What you got to look at in fairness to is the overall results -- and no city in terms of crime, safety, dealing with illegality of all different kinds has done a better job than New York City."

Earlier this year, Giuliani came out against the immigration reform compromise that failed in the Senate, saying he opposed "amnesty." He emphasizes increasing the number of border guards, building a high-tech fence and a national tamperproof ID card for immigrants.

But as he tries to appeal to conservative voters, Giuliani is often competing with his own past views.

Giuliani's History on Immigration Giuliani has long faulted the federal government for not doing enough to secure the borders. But liberal immigrants' rights groups generally give him high marks during his tenure for sensitivity to their issues.

In 1996, Giuliani compared "the anti-immigration issue that's now sweeping the country" to "the Chinese Exclusionary Act, or the Know-Nothing movement -- these were movements that encouraged Americans to fear foreigners, to fear something that is different and to stop immigration."

That same year he sued the federal government for new provisions in federal immigration laws that would encourage government employees to turn in illegal immigrants seeking benefits from the city.

"The reality is that they are here, and they're going to remain here. The choice becomes for a city what do you do? Allow them to stay on the streets or allow them to be educated? The preferred choice from the point of view of New York City is to be educated," Giuliani claimed.

For his part, Romney also seems to have had a much more lenient view of illegal immigrants than his current rhetoric would suggest. And while Giuliani may be placing a different emphasis on his immigration views, Romney seems to have changed his in some cases.

For 10 years, Romney used the services of a landscaping company for his Belmont, Mass., estate that hired illegal workers from Guatemala, workers who told the Boston Globe that Romney never inquired about their legal status.

While Romney was governor, the commonwealth of Massachusetts became one of the six states with the largest growth in unauthorized migrant population, from 2002 to 2004, according to the Pew Hispanic Center, with somewhere between 200,000-250,000 new illegal immigrants. Romney was governor from January 2003 until 2007.

Romney in the past voiced support for immigration reform bills far more liberal than the 2007 bill.

In 2005, he called immigration reform efforts by Sen. John McCain, R-Ariz., and President Bush that provided a path to citizenship for illegal immigrants "reasonable proposals" that were "very different than amnesty. & It's saying you could work your way into becoming a legal resident of the country by working here without taking benefits and then applying and then paying a fine."

In 2006, Romney said "those that are here paying taxes and not taking government benefits should begin a process toward application for citizenship, as they would from their home country."

McCain's 2007 efforts at an immigration reform compromise are seen as one of the main reasons for his recent woes in the polls.

Here's one law that must be strictly enforced.

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.

LGBT Directory for NYC.gov http://comptroller.nyc.gov/bureaus/cac/LGBT_guide_04.pdf

New York City's LGBT Community Partnerships, excerpt:

NYC Dept. of Health & Mental Hygiene LGBT Health Office www.nyc.gov/html/doh New York LGBT Community Center www.gaycenter.org New York State Department of Health- AIDS Institute www.health.state.ny.us/diseases/aids/about Openhouse www.openhouse-sf.org Philadelphia Department of Health, AACO www.phmc.org/hiv-aids/hivaids.html >>>>The Praxis Project www.thepraxisproject.org <<<<<<

The Praxis Project:

Materials from other LGBT Community Foundations

Building Diverse Community-Based Coalitions

– by the Praxis Project,

www.thepraxisproject.org/tools/Coalition_Building_2pdf.pdf

– offers a 5-page overview with practical suggestions about

some of the steps an organization can take to include a

broad base of communities, and how to identify potential

allies, understand their connection to your community, and

engage their interest in collaboration.

(snip)

National Coordinating Committee for the US Social Forum; social justice leaders from across the US who work on issues including environmental justice, poverty, racial justice, immigration, and workers’ rights.

blah blah blah

The World Social Forum (WSF) model is spreading around the world and a wide range of grassroots organizations and networks have announced the location of the first U.S. Social Forum (USSF)

(snip)

blah, blah.....“For us immigrants, the growth of our new communities here have been met not only with repressive policies, racist backlash, abuse and exploitation in the workplace, and scapegoating for socio-economic problems suffered by working class communities, we now also have to face state policies that ask to further extract from our already burdened communities. For instance, Georgia SB 529 seeks to suck up immigrant’s hard-earned income by taxing our remittance wire transfers to our families back home. We are displaced by US economic policies, harassed and kept in a state of constant fear to ensure a cheap and disposable labor supply for US corporations. Immigrant communities in GA and around the country challenge all these, and we say “No Taxation Without Representation.” -Colin Rajah (National Network for Immigrant and Refugee Rights, Chair Program Working Group)

blah blah...“The political moment in the United States brings four important intersections: the war in Iraq, Indigenous Artic drilling, Katrina survivors and US-Mexico border & immigration issues. In fact, all four issues are under the Department of Defense and Homeland Security.” - Ruben Solis (Southwest Workers Union, Southwest Regional Representative)

Funding Opportunities

Local Initiative Funding Partners – Robert Wood Johnson Foundation

Funded By: The Foundation Center

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