"Virginia: Immigrants (sic) Now a Target of County Supervisors" (Culpeper)

Univision (translated from Spanish to English) ^ | 8 August 2007 | Univision TV (Translated into English)

[AmericanInTokyo]

PROJECT: COUNTERINTELLIGENCE

SUBJECT: ILLEGAL IMMIGRATION / RESPONSE ON THE U.S. LOCAL LEVEL

FILE: OPPOSITION RESEARCH

TRANSLATION: SPANISH to ENGLISH (w/BABELFISH)

Original Spanish Title: ("Virginia: Inmigrantes Son Ahora Blanco de Junta del Condado")

TEXT OF SPANISH-TO-ENGLISH TRANSLATION

Text of Article:

”8 August of 2007, 03:41pm ET

CULPEPER, Virginia. (AP) – Even without a debate, in a meeting of the County Supervisors of Culpeper County in Virginia, they have unanimously declared a resolution making English the official language of the county.

Also, the meeting held on Tuesday was whether to go along with other localities in Virginia to look to the General Assembly for aid to deal with problems that arise as a result of migracion of the undocumented (sic; aka “illegal immigrants”), among others the cost incurred in provision of public services. That proposal did not even have any discussion, either.

Although citizens of Culpeper County have been in the middle of the frame of the debate on immigration, the action on Tuesday shows the specific actions by the Government of the county.

The administrator of the county, Frank Bossio, said after the council meeting, the committee rules on this meeting subject will propose a statewide coalition.

During these few months, the counties of Loudoun and Prince William in Virginia have also gone forward with such similar local resolutions.

Culpeper County Administrator Frank Bossio is now tasked with identifying other localities interested in joining the coalition. He plans to contact all counties, cities and towns in the state, he said. “It portends a more comprehensive approach after the initial welling up of people’s concerns about illegal aliens,” Bossio said. “Now what? Let’s get down to the nitty-gritty and get the problems identified and see what the common issues and elements are.”

Bossio said other localities can either draft similar resolutions or send staff members to a meeting Culpeper County would organize. Then, each locality could state what it thinks its problems are, identify similarities with others and also identify issues that could be changed at the state and federal level. Rules Committee Chairman Steve Walker said counties have limited authority to make significant changes regarding illegal immigration. But the coalition might be able to suggest legislation to the General Assembly that would authorize specific actions once the localities come to some common ground about what they need to do. “The idea is for us to get together and see where it can go,” he said.”

(End of Translation)

[AmericanInTokyo]

For discussion, debate, strategy, action.

The actions are spreading around the USA, as per this latest action. The illegal alien-readership oriented press in the USA is also growing concerned, it seems.

Note: The original article uses "immigrant" and "undocumented" when the more correct term would be "illegal aliens".

[Bainbridge]

Well, it is about time isn't it ? These clowns who are "in charge" have been willfully ignoring the CITIZENRY for the past 20 years or so on this issue and this is the beginning of a very serious push back.

[Man50D]

Let's keep the momentum growing by enforcing the following law:


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.

[AmericanInTokyo]

And to quote the Space Shuttle threads going on right now here on FR,

"Go Baby GO! Let's get this candle LIT!!!"

[muawiyah]

Or, as I prefer ('cause it sounds so pleasant and peaceful) "undocumented tourists".

A "tourist", after all, is not here as an immigrant. He is here to return home!

I think it beats the heck out of "illegal alien".

[AmericanInTokyo]

Yes, yes, yes, my friend. Agreed!

(But please, let's not scroll this thread out of existence and turn people away by making them scroll down, ad infinitum.) Thanks. ;-)

[Tennessee Nana]

“they have unanimously declared a resolution making English the official language of the county”

I just heard a caller to Victoria Taft on KPAM.com (Portland, OR) 5-8 PM PDT say that some courthouses, banks etc have started to put SPANISH then English on their signs..

Any Oregonians see that?

[AmericanInTokyo]

I have been thinking the structure and logistics of this movement. It can and should pyramid so easily

It will so totally overwhelm the ACLU, MALDEF, LA VOZ, LA RAZA, PRESIDENT BUSH, GRAHAMNESTY, MCAIN, all of them, because it will simply be TOO MANY FIRES for them nationwide to put out.

Now, neighboring North Carolina, and its neighboring Georgia, and Tennessee, and Pennsylvania, should also organize the counties that each pass these resolutions to work as a coalition on the state level, just as is starting to happen in Virginia.

Now wonder these threads take off so quickly after being posted.

I hope every Freeper in any locality with an illegal problem, not just Virginians, is checking in and thinking ways of taking local and state level action, using this as the template.

EAGLES UP!

[AmericanInTokyo]

It would not surprise me, TN. It is getting worsein the USA than Canada.

We must reverse the course, and be fair to ALL immigrants, (legal of course) who have equally had to struggle with English.

English first, English Only, especially when it comes to tax dollars spent.

No special breaks for a whining, loud, entitled select FEW.

[rabscuttle385]

A statewide coalition?!! That is one of the smartest ideas I have heard in recent times...go Culpeper!

As for learning English, both my parents legally arrived here in the early '80s with a fluent command of spoken and written English.

[AmericanInTokyo]

Libs will fight it to the death.

They can have all the illegals they want in THEIR communities, then.

However, with communities that are rising up, elected RINOS, middle of the roaders, those who have not taken a position, had better get out of the way, or the bus is going to run them over and they will be driven from office!

[jiggyboy]

At the risk of repeating myself:

1) I repeat my offer of wings & beer to anybody who can document a Mexican-in-America TV station that broadcasts a SAP in English

and

2) I defy anybody to demonstrate that most illegals are “undocumented” — I say that most are “documented” but with somebody else’s documents, followed by “undocumented”, distantly followed by “accurately documented”.

[ClaireSolt]

Here there is evidence that they are leaving. Schools that were full will open at 84% capacity this year. Have courage. We’re scarin em off.

[AmericanInTokyo]

you point out not only their hypocrisy, but also their criminal nature

[VOA]

“”Virginia: Immigrants (sic) Now a Target of County Supervisors” (Culpeper)”

To these civil servant I say:
“GOOD LUCK and GOOD HUNTING!”

[AmericanInTokyo]

I will write a treatise, entitled “Illegal Aliens are Gone. Now What?” which will be very thought provoking.

[Tennessee Nana]

“Now, neighboring ..... Tennessee .....should also organize the counties that each pass these resolutions to work as a coalition on the state level, just as is starting to happen in Virginia”

Y’OK..Tennessee is listening...What do we do?

We have asked the Mayor, sheriff, Chief of police etc for a town hall forum etc for months..no answer..But the sheriff and C of P went to the local “MultiCutural Center” to reassure the illegals who live in the shadows that being here illegally was like not wearing a seat belt..

http://www.clevelandbanner.com/NF/omf/daily_banner/news_story.html?rkey=0066382+cr=gdn

The illegals buy prescription naqrcotics over the countert in the Mexican stores, just like home...its a “cultural” thing, how cute..The City of Cleveland Mayor told me it wasnt happening a week after it had been published in the local daily..

The Democrat liberal DA gave them 2 weeks to stop it..no arrests ..confiscation of the drugs etc..just a free pass...Now that the Aug 1st deadline has come and gone ..no arrests yet..crickets...

http://www.clevelandbanner.com/NF/omf/daily_banner/archive_display.html?[rkey=0067277+[cr=gdn

So yesterday I told our Bradley County Mayor (2 Mayors) that we had a “sanctuary city” and a “sanctuary county” He said he had heard of those..I told him that the American citizens of Bradley county would be holding a Forum soon and he was invited as a courtesey only but as a member of the community and not a main speaker ...the citizens were fed up with them all

At the end of this month the murder trial of 3 MS-13 illegal aliens will start in the next county..the illegal aliens were living in our county but they murdered a guy whose body was found in a burnt out car in the forest in Polk County..(SE corner of TN on GA/NC border)

Thats how I found out that we had several MS-13 gang members living here for the past 2 years..Thanks for the heads up sheriff..(They didnt want to scare anyone)

http://www.clevelandbanner.com/NF/omf/daily_banner/archive_display.html?[rkey=0061600+[cr=gdn

For many months now I have been working on this ..asking for 287g because the GA law would be activated on July 1st..no answers etc..now I have been told that it costs too much, we could get sued like Maury County..

http://columbiadailyherald.com/articles/2007/07/11/top_stories/02raid.txt

http://columbiadailyherald.com/articles/2007/08/02/top_stories/02civilrights.txt

There will be no end to the excuses..someone sent a letter to the City Mayor..a Resolution that the local PD must enforce the law etc..yesterday the County Mayor told me that he should have got a letter first..otherwise nothing could be done..I suggested there was a protocol?..he wasnt listening or else my sarcasism went right over his head..

What to do..many months ago I wasn’t heard when I suggested that our county was facing a flood of illegal alien problems..Must it get so bad it would be too late?

[AmericanInTokyo]

You got it.

You and others can start by sending this thread, and others, showing the local, and growing grassroots cooperation in states such as Virginia, and urge the SAME in your state!!! :-)

[AmericanInTokyo]

Did a second read of your post just now. Thanks. LOTS OF INFORMATION!!! Good work!!

[AmericanInTokyo]

Oh, those know-nothing, do-nothing Dodo Birds!!! Arggggghhhh...

BUT When they catch wind that they may be booted from their offices by election, then they tend to act. Witness some of the towns and cities in Eastern Seabord recently.

In your situation as you have outlined it for us, it make take such a grassroots political threat and then unsheath your sword and show glash them a little "blade" (figuratively speaking of course) to motivate them.

They are a very easy animal to figure out in this regard.