Guns Don’t Kill People; Illegal Immigrants With Guns Kill People

Political Mavens/Jewish World Review ^ | August 13, 2007

[theothercheek]

In the wake of the execution-style murders of three promising students – a fourth is fighting for her life in the ICU - Newark mayor Cory Booker tells New York Times columnist Bob Herbert, "There is something going on in our country that people are not, for some reason, awake to." Herbert asks what the solution is to this problem – violent crime – and Booker answers, "It’s not law enforcement."

Herbert notes, "the biggest mistake one could make … is to view it as a problem peculiar to Newark." As usual, his focus is so narrow (gun violence) he fails to see the bigger picture. As the facts of this case emerge, it is clear the problem is not peculiar to Newark. But it’s a problem – sanctuary cities - that only law enforcement can solve, if permitted to.

The alleged ringleader of the group of young thugs involved in the slayings is Jose Carranza, 28, an illegal immigrant from Peru who is accused of aggravated assault for allegedly attacking three men with a bottle and a chair during an October 2006 bar fight in West Orange. Earlier this year he was also indicted on 31 counts of sexual assault, raping, groping and sodomizing a little girl in his care over a four-year period when she was 5 to 9. In both cases, he was able to post bail.

The Star-Ledger (Newark) examines in great detail all the reasons "Carranza was not in jail awaiting trial, or in detention as an illegal immigrant":

[R]outine bail procedures and wide gaps between law enforcement and immigration policy worked in Carranza's favor …

Essex County Prosecutor Paula Dow declined to comment on whether her office had reported Carranza's illegal status to immigration officials after his two previous arrests.

Immigration and Customs Enforcement officials said they had scoured their records and found no such notification. …

Paul Loriquet, a spokesman for Dow's office, said its policy is to refer cases of illegal aliens to federal immigration authorities only after the defendant is convicted and sentenced. He said to do otherwise would risk having the defendant immediately deported before he could be punished for the crime. …

The federal government encourages, but does not require, local authorities to contact ICE when they arrest someone who appears to be in the country illegally. ICE can place a detainer on the suspect, notifiying jailers that it should be notified before the suspect is released so the agency can seek deportation. After Carranza's arrest on the murder charge, a detainer was issued.

Mike Cutler, a retired federal immigration officer, said Essex County officials should have notified ICE after the earlier arrests, especially given the severity of the allegations against Carranza. If the two agencies were cooperating, Cutler said, immigration agents could have provided evidence for prosecutors to argue at Carranza's bail hearing that he might be a flight risk. …

So what’s Gov. Jon Corzine’s solution? You guessed it: "tougher gun laws."

Morristown Mayor Donald Cresitello has a better idea: deputizing his town’s police department to participate in a national program run by ICE that trains local law enforcement to find and arrest illegal aliens.

[muawiyah]

It's really hard to believe that the Mayor and the Governor are not directly involved in this one.

You can see the guilt in their eyes as they seek to misdirect everyone's attention.

[Man50D]

So what’s Gov. Jon Corzine’s solution? You guessed it: "tougher gun laws."

The following law, particulalry the RICO Act,is the solution.


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.

[Pharmboy]

Essex County Prosecutor Paula Dow declined to comment on whether her office had reported Carranza's illegal status to immigration officials after his two previous arrests.

Declined to comment? What is she, part of a private corporation? Subpeona her and put her butt on the stand...gawd, this makes me furious.

[TLI]

So what’s Gov. Jon Corzine’s solution? You guessed it: "tougher gun laws."

Tougher gun laws? Right. Ranks right up there with “Zero Tolerance” and “Comprehensive Reform” for non-thinking pabulum for the masses, politician’s don’t have to think type of response.

Reminds me of the “Virtual Fence” routine. It’s an alleged response that will not “offend” anyone, including the criminal illegal border law violator.

Just one little prob with all of these so called answers, they do nothing but harm American Citizens. Then again, where are the American Citizens going to go if they don’t like it?

Sorry cesspool scum politicians such as Corzine should be at the very least, banned from any public office ever again. Let him get a real job.

[Eastbound]

"If the two agencies were cooperating, Cutler said, (blah blah blah) . . . "

Gorelick Syndrome.

[gridlock]

The Sanctuary City policy is directly responsible for these murders. I hope this will become clear to people in the course of this matter.

The law must apply to all. If I were to go to Mexico without the proper visas, I would not expect special treatment.

[Guenevere]

bttt

[gridlock]

If the government does not do something about out-of-control illegal immigrant gangs, the people are going to arm up, and there is nothing the government can do about it.

If Corzine really wanted to reduce the number of guns in New Jersey, he would do something about gang crime.

[theothercheek]

She can refuse to answer a reporter’s questions, and it take a subpoena to get her to tell the people who pay her salary her department’s role in this fatal fiasco. At a minimum the state legislature should ask her to testify before some investigative committee. But then, NJ is a blue state and the legislature probably agrees with Corzine that gun laws are the way to go ...

[theothercheek]

He had a real job. Made billions. Bought the governorship. Bloomburg had a real job. Made tens of billions. Bought the mayorship. Now has eyes on the presidency. Could play a Perot role and ensure Hillary’s election. Kill the rich before they run for office! [This is a joke, BTW, I know I am not on DailyKos.]

[ClaireSolt]

These cities are collecting big dough from the feds for illegals.

[stevie_d_64]

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.

---

An interesting tidbit of information that eludes public disclosure anywhere accept Free Republic...

[Tenacious 1]

Your solution is the fix to a slightly different problem, broader in scope, actually. These thugs were not interested in employment. The violent offenders are not looking for honest work and honest pay. Your post addresses the motivation for sneaking into the country. It doesn’t stop them from sneaking in and it does not get the offenders back out of this country.

But it’s a start.

[theothercheek]

Are you kidding? Do you know what Mexico does to illegal immigrants from Latin America? If the US did the same thing, ACLU, LaRaza, etc. would be in a permanent state of apoplexy.

I should also mention that I have heard - even on Fox News - that Giuliani made NYC a sanctuary city. This is not true. It was Ed Koch - and I am sure he regrets it now, seeing as how he is one of this nation’s strongest advocates of fighting Islamofascism. Giuliani and Bloomberg merely left the policy in place. Of the two, Giuliani is most likely to back off from that disasterous idea, now that he is running for higher office. If Bloomberg gets in the race don’t expect him to rethink sancturary cities. He was, is and always will be a 100% lib.

[FreePaul]

Illegal Immigrants With Guns Kill People

Couldn't happen. Everyone knows that it's against the law for illegal immigrants to have guns. On the other hand we know that illegal immigrants are immune from most of our laws. Of all of the cases where illegals have committed violent crimes I don't remember a prosecution for gun possession.

[ought-six]

Corzine is a good example — like Schumer, Lautenberg, Feinstein, ad nauseum — of a leftist elitist who believes deeply in a nanny state and the total disarmament of the American people so as to better control them. Corzine and his ilk are sickening little viruses.

[Man50D]

Your solution is the fix to a slightly different problem, broader in scope, actually. These thugs were not interested in employment. The violent offenders are not looking for honest work and honest pay. Your post addresses the motivation for sneaking into the country. It doesn’t stop them from sneaking in and it does not get the offenders back out of this country.

My solution is on point. Strictly enforcing the Federal Immigration and Nationality Act will address all associated problems with illegal immigrants regardless if the particular illegal alien issue is with guns or employment. They will be stopped if this law and other immigrant related laws are enforced because those considering entering the country illegally will think twice when they see other illegal immigrants being arrested, detained and deported.

[ought-six]

“If the government does not do something about out-of-control illegal immigrant gangs, the people are going to arm up, and there is nothing the government can do about it.”

Yup. Since the government is allowing such viscious gangs as MS-13 and their wannabe imitators to walk the streets with virtual impunity it will be the American people who will take care of the problem. And that day is coming soon. Of course, when that happens the government will go after the American people, not the gangbangers, since the gangbangers are members of a protected class, and have more rights than we mere Americans.

[uncbob]

Yeah Corrizine

90 MPH on the highway
No seat belt

And other do as I say politician