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US code 1325 is immigration law that describes penelties for improper entry into the US by an alien.
so are you saying that the US Border Patrol agents are letting the aliens enter the US illegaly? Is it the Agents at fault? or the whole Border Patrol agency?
You probably have multiple categories of how the law is being skirted.
You have those crossing the border in rough terrain in an open area - and there are the smugglers who are legal and hide the illegals. The illegals have no documentation. If they are caught, many times they are let go for various reasons and told to appear in court on a certain date - of course they do not show up.
There are probably some cases were officers are bribed or threatened if laws are enforced.
The main issue right now is that no one at the top, meaning the president today and past, is interested in enforcing immigration laws.
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity -
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the
requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
The penalties in part...
(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2) of this section, the order under this subsection -
(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of -
(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and...
We have people in south Texas that congregate in parking lots waiting to be picked up for jobs. Seems like easy pickings to arrest illegals and those who hire them. But in a state with a high hispanic population, it would be very unpopular to enforce these rules. So if a politician's top priority is keeping his/her job - you do nothing about this situation and let it continue so there is no public relations nightmare.
My own opinion is that, the feds/elected officials should be impeached and put into Guantanamo Bay, for failure to obey/enforce the law.......
As far as I know, we've already had an exodus of illegals from our state (Arizona) some time since SB1070. Obama needs to learn two words, and every state needs to help him learn these two words: STATE SOVEREIGNTY!
I really do think that some of the states are getting ready to JUST SAY NO to Obama and tell him to go fly a kite. Reid, Pelosi, Franks, Dodd, and plenty of other company can go with him.
Arizona's SB 1070 mirrors federal law. It's coming to a point that all the states need to pass bills similar to Arizona's, Oklahoma's, Missouri's immigration law. Something is a whole lot better then ignoring the problem, as the Federal Government has been doing.
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity -
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the
requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
The penalties in part...
(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2) of this section, the order under this subsection -
(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of -
(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and...
We have people in south Texas that congregate in parking lots waiting to be picked up for jobs. Seems like easy pickings to arrest illegals and those who hire them. But in a state with a high hispanic population, it would be very unpopular to enforce these rules. So if a politician's top priority is keeping his/her job - you do nothing about this situation and let it continue so there is no public relations nightmare.
Yet, they are allowed to milk away tax payers money and have children here out the wazoo.
I am sure there is some corruption in the Border Patrol but they are individual agents, not the whole Border Patrol Agency.
The OP's contention in this thread is that Laws are not being upheld. OP sites the USC1325 as an example of one of the laws not being upheld. Those most directly enforcing 1325 is Border Patrol agents. Now either we have a corrupt system that allows agents to let aliens through unimpeaded[non-enforcment of 1325] or there is insufficient agents on the border to effectively enforce USC1325? If it is insufficient agents to man the border, then thats not a case of Law breaking, that is a case of insufficient deployment.
Testimony of Rear Admiral Wayne E. Justice, Assistant Commandant for Capabilities, Before the House Committee on Transportation and Infrastructure, Subcommittee on Coast Guard and Maritime Transportation, "Overview of Coast Guard Drug and Migrant Interdiction"
Quote:
Illegal drugs are not the only maritime threat to our national security moving via maritime means. Every year, thousands of people try to enter this country illegally via maritime routes, many utilizing organized smuggling operations and often in dangerously overloaded, unseaworthy, or otherwise unsafe craft. This flow of undocumented migrants in boats onto America’s shores is both a threat to human life and violates U.S. and international laws. The Coast Guard supports and carries out the Administration’s policy of safe, orderly, and legal migration. In this regard, Coast Guard migrant interdiction operations are as much humanitarian efforts as they are law enforcement actions. In fact, many of the migrant interdiction cases handled by the Coast Guard begin as search and rescue missions, usually on the high seas rather than in U.S. coastal waters.
While most maritime illegal migrants come from Haiti, the Dominican Republic and Cuba, the Coast Guard has interdicted undocumented migrants of various nationalities throughout the Western Hemisphere. Since 1980, the Coast Guard has interdicted over 350,000 illegal migrants at sea, including around 180,000 Cuban and Haitian migrants during mass migrations in 1980 and 1994. The normal flow of illegal migrants can change dramatically from one year to the next, dependent upon a variety of push and pull socio-economic and political factors related to individual countries.
...Thank you for the opportunity to testify before you today. I will be happy to answer any questions you may have.
Please read the entire testimony before Congress. Why cant the Chief Patrol agent of the US Border Patrol go before Congress and give a state of the BP tesitimony?
Last edited by 1751texan; 07-06-2010 at 03:49 AM..
My own opinion is that, the feds/elected officials should be impeached and put into Guantanamo Bay, for failure to obey/enforce the law.......
As far as I know, we've already had an exodus of illegals from our state (Arizona) some time since SB1070. Obama needs to learn two words, and every state needs to help him learn these two words: STATE SOVEREIGNTY!
I really do think that some of the states are getting ready to JUST SAY NO to Obama and tell him to go fly a kite. Reid, Pelosi, Franks, Dodd, and plenty of other company can go with him.
Arizona's SB 1070 mirrors federal law. It's coming to a point that all the states need to pass bills similar to Arizona's, Oklahoma's, Missouri's immigration law. Something is a whole lot better then ignoring the problem, as the Federal Government has been doing.
With all due respect, I think the problem with immigration is that too many entities have their hands in it. The federal goverment[Congress writes laws], The executive branch wrties executive orders on rules and regulations on immigration, and the Courts rule on issues that conterdict the other two branches...Immigration law is a Hodge-podge of odd inconsistant Laws, rullings, and US codes that are hard to make sense of.
Now States are clamoring for a bigger slice of the mud pie...
The problem I see from where I am sitting is this.
We tend to be very diligent when it comes to processing those who apply to enter legally. Maybe even overly so.
But when it comes to illegals we as a nation throw our hands in the air and make excuses.
We as a nation turn the blind eye to employers of illegals, the land lords and those who facilitate illegals.
Our Fed gov has done next to nothing to secure the border between the USA and Mexico and has infact diverted resources to our Northern border away from where the problem is at its worst.
What can the American people do?
Vote based on the politicians political leanings and history. Don't vote party line. Do some home work and make a more informed decision. Don't trust campaign commercials.
You know of an employer who uses illegals? Make the call to ICE.
Don't use contractors that refuse to prove legal status. If they are legal they won't have an issue.
Call your rep and demand from them where they stand on the issue. Demand that they take the stand you voted them to take.
Isn't there something the American people can do when "our" government refuses to uphold the laws? Specifically, the Federal government is choosing to not enforce the law against illegal immigration, so what's the purpose of that law or any law, if they choose to not enforce it? Can't they (the government) be held responsible for not doing what the President swore to do when he was elected? Just wondering????
Isn't it odd that in order to become a US citizen, one must demonstrate an understanding of our laws and the systems that support it, but those of us that are born citizens do not? I've always thought it odd.
Lucky for you, even though you missed this point in your public education -- or were you home-schooled? -- the internet can help you fill in the gaps.
If you believe your government to be failing in its duties, you can sue. Since you believe the Federal Government to be failing its duties, you would take your case to the Supreme Court. There is a specific process for doing that, but I am not going to take up more space on that, here.
The problem I see from where I am sitting is this.
We tend to be very diligent when it comes to processing those who apply to enter legally. Maybe even overly so.
But when it comes to illegals we as a nation throw our hands in the air and make excuses.
We as a nation turn the blind eye to employers of illegals, the land lords and those who facilitate illegals.
Our Fed gov has done next to nothing to secure the border between the USA and Mexico and has infact diverted resources to our Northern border away from where the problem is at its worst.
What can the American people do?
Vote based on the politicians political leanings and history. Don't vote party line. Do some home work and make a more informed decision. Don't trust campaign commercials.
You know of an employer who uses illegals? Make the call to ICE.
Don't use contractors that refuse to prove legal status. If they are legal they won't have an issue.
Call your rep and demand from them where they stand on the issue. Demand that they take the stand you voted them to take.
Agreed. If our laws were being enforced, sanctuary cities/states would not exist; illegals would not flaunt their illegal status by marching in our streets demanding legalization; illegals would not have sit-ins outside the offices of members of Congress; DREAMies would not publicize their trek from Florida to DC; Home Depot parking lots would not be overrun by illegal day laborers; homeowners would be afraid to hire illegals; E-Verify would be mandatory; and, Arizona and other states would not have to enact anti-illegal laws.
Clearly, NONE of our immigration laws are being enforced at the federal level. In most instances, employers caught violating our laws are simply given a slap on the wrist. Of course we have a few exceptions to give the appearance of enforcement for their dog and pony shows. The feds have also apprehended illegal employees, and subsequently issued work permits to return to their illegal jobs.
Not only are immigration laws being ignored, but also IRS and DOL. The IRS issues ITINs to foreigners without requiring proof of legal status. They know many are here illegally, they simply don’t care. The DOL is also aware of flagrant violations of employment laws regarding employee classification, minimum wage, and overtime. Rather than enforcing the law, the DOL is wasting money on public service ads to advise illegals of their “right” to be paid a fair wage.
The feds are stalling for time by claiming we must “fix our broken immigration system.” In reality, the system isn’t broken; it has simply been hijacked by greedy corporations and special interest groups who line the pockets of our elected representatives. It’s one huge disgusting travesty.
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