Subject: Citizens demand to know why laws are not being enforced.  The silence has been deafening.
Date: Sun, 13 Apr 2008 16:15:48 -0500

FAX COVER SHEET

 
Date: April 13, 2008
 
 
To: All officials and law enforcement (Copies of existing immigration laws, which are sufficient to solve the crises).
 
 
 
From: Joe & Barbara
 
 
 
Comments:  Please tell the taxpaying, law-abiding citizens why you are NOT enforcing these existing immigration laws.  We have more than enough already in place and don’t need new ones to deal with the illegal alien invasion.
 
If you are not complicit in this crisis, why then are you not doing anything to save our rule of law, our sovereignty, heritage, Constitution, and standard of living???
 
A response would be most appropriate since we are paying most of your salaries & perks, and being forced to subsidize the illegal aliens’ healthcare, education, penal, pre & post natal, housing (60% of HUD is to illegals), wage depression, reintroduced diseases such as TB & Leprosy, illegal alien gang violence, unwed teen pregnancies producing anchor babies who can be on welfare until 21 yrs old & bring in all their relative. What about identity theft, document fraud, human and illegal drug smuggling?
 
Have you sacrificed your oaths, patriotism, and your honor in order to please the Corporate cheap labor exploiters and to expand your government programs?
 
 
 
 
JOE & BARBARA McCUTCHEN

2916 HEATHER OAKS WAY
FORT SMITH, AR 72908
PHONE: 479-646-8261
FAX: 479-646-6557
EMAIL: joeusa@cox.net
www.arkansasfreedom.com

Just a reminder:
Federal Law
8 USC Sec 1325 - Illegal Entry
Any alien who enters U.S. other than at A port of entry by false or misleading representation shall be subject to civil and criminal penalties can be fined and imprisoned
Section 1324a Hiring - Harboring - Transporting any illegal alien
Any person who knowingly hires/harbors/ transports any illegal alien is guilty of a felony punishable by 10 years jail + $2,000 fine per illegal alien + forfeiture of vehicle or property used to commit the crime.
Section 1324c Law officers have authority to make arrests...
All officers whose duty it is to enforce criminal laws shall have authority to make arrests for violation of any provision of this section (affirmed US vs. Perez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a Hiring - Harboring - Transporting any illegal alien.
Section 1644
No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section   (affirmed Southern District Court of NY, US vs. Rudy Giuliani, 1996.
NOTE: all immigration violations are criminal - not civil offenses.
 
 
Immigration Law Enforcement by Local Agencies


 

The following is an introductory summary of federal law on the issue of local law enforcement agencies enforcing federal immigration law provisions. Local officials who seek guidance on this issue may contact FAIR’s legal counsel for detailed information.

Overview

In most cases, federal laws that bar illegal aliens from the United States and punish persons who smuggle, shelter, or employ or otherwise assist illegal aliens can be enforced by local and state police.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior Immigration and Naturalization Service (INS) knowledge or approval, as long as they are authorized to enforce federal law in general. Although immigration is a federal matter, local law enforcement departments and personnel are not required to turn a blind eye to any illegal activity including violations of immigration law. It is illegal for local governments to prohibit police cooperation with the INS, and individual officers who report violations are protected by law.

Although the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996 provied new authority for empowering local law enforcement agencies to enforce immigration law provisions against aliens illegally in the country, local police were never powerless to act on immigration law violations before adoption of that legislation. Local police departments have always had the ability to collaborate with the INS in enforcement operations. An example was local cooperation with the INS and the FBI in locating and interviewing foreign students from Middle Eastern countries following the September 11 terrorist attacks.

In addition, Section 274(c) of the Immigration and Nationality Act (INA), as amended in 1986, authorizes “...all other officers whose duty it is to enforce criminal laws,” to arrest persons for smuggling, harboring or transporting illegal aliens. Furthermore, federal courts had repeatedly affirmed since 1984 that local police may inquire into immigration violations in the course of a routine stop (see e.g., U.S. v. Salinas-Calderon).

Legal Opinion by the Department of Justice Office of Legal Counsel

In 2002, the Department of Justice's Office of Legal Counsel (OLC) issued an extremely important legal opinion explaining that state and local police officers have the inherent authority to arrest illegal aliens and transfer them to federal custody, regardless of whether the aliens have committed criminal or civil violations of immigration law. U.S. Attorney General John Ashcroft announced the conclusion of that OLC opinion in June 2002. However, the full opinion was only made available to the public as a result of a Freedom of Information Act lawsuit. The local arrest authority recognized in this opinion is a critical component of immigration enforcement. Read the full opinion (PDF).

FederalLocal Cooperative Agreements ­ Section 133 of IIRAIRA

In 1996, Congress made several express grants of immigration law enforcement authority to state and local governments. The most important of the legislative actions was contained in IIRIRA §133, which authorized the U.S. Attorney General (AG) to enter into written cooperative agreements with state and local governments to accept the services of state officers or employees in enforcing the INA. Under a ‘Section 133’ agreement, state and local governments may designate officers or employees (“local officers”) who will be authorized to “perform a function of [a federal] immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States.”

Upon approval of the cooperative agreement by the AG, the designated local officer becomes a limited federal immigration official. The designated local officer is subject to the “direction and supervision of the AG” while performing the immigration enforcement function and, if the written agreement so specifies, may use federal property and facilities to accomplish that function. While Section 133 emphasizes that the designated officer is not a federal employee, agreements created under this section may grant local officers all of the powers exercised by federal immigration officers and provide that the designated local officers will enjoy federal immunity. However, the local officers must carry out their immigration functions at the expense of the state or local government.

Section 133 is an extraordinary grant of authority to state and local governments, because it allows them to tailor their officers’ authority to local immigration enforcement needs. A state or local government can agree with the AG to authorize its law enforcement officers to enforce the INA’s civil and/or criminal provisions without dedicating those officers to full-time immigration enforcement. Section 133 clearly contemplates that multiple officers could be authorized to perform one or more immigration enforcement functions. Designated officers could continue to perform their state or local duties. The scope and duration of the officer’s immigration enforcement authority is negotiable.

State and local governments will not be able to take advantage of the broad grants of authority available under Section 133 unless their laws authorize state and local officers to enforce federal laws. Police departments considering whether to seek a Section 133 cooperative agreement should first determine whether existing state and local laws in their jurisdiction already authorize their officers to carry out immigration enforcement functions.

Emergency Conditions ­ Section 372 of IIRAIRA

IIRIRA § 372 amended the INA to give the AG (AG) power to authorize state and local immigration enforcement in emergency situations. Under that provision, the AG may authorize state or local officers to enforce the INA if the AG determines that “an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response.” This emergency authorization may grant a state or local officer “any of the powers, privileges, or duties” conferred by the INA on INS officers. The AG’s authorization is contingent on the consent of the head of the agency or department in which the officer serves, but unlike §133, §372 does not expressly require the state or local officer’s enforcement of the INA to be authorized by state or local law.
Updated 6/06
 

U.S. Code as of: 01/03/05

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325
 
Section 1325. Improper entry by alien
 
    (a) Improper time or place; avoidance of examination or inspection;
      misrepresentation and concealment of facts
      Any alien who (1) enters or attempts to enter the United States
    at any time or place other than as designated by immigration
    officers, or (2) eludes examination or inspection by immigration
    officers, or (3) attempts to enter or obtains entry to the United
    States by a willfully false or misleading representation or the
    willful concealment of a material fact, shall, for the first
    commission of any such offense, be fined under title 18 or
    imprisoned not more than 6 months, or both, and, for a subsequent
    commission of any such offense, be fined under title 18, or
    imprisoned not more than 2 years, or both.
    (b) Improper time or place; civil penalties
      Any alien who is apprehended while entering (or attempting to
    enter) the United States at a time or place other than as
    designated by immigration officers shall be subject to a civil
    penalty of -
        (1) at least $50 and not more than $250 for each such entry (or
      attempted entry); or
        (2) twice the amount specified in paragraph (1) in the case of
      an alien who has been previously subject to a civil penalty under
      this subsection.
 
    Civil penalties under this subsection are in addition to, and not
    in lieu of, any criminal or other civil penalties that may be
    imposed.
    (c) Marriage fraud
      Any individual who knowingly enters into a marriage for the
    purpose of evading any provision of the immigration laws shall be
    imprisoned for not more than 5 years, or fined not more than
    $250,000, or both.
    (d) Immigration-related entrepreneurship fraud
      Any individual who knowingly establishes a commercial enterprise
    for the purpose of evading any provision of the immigration laws
    shall be imprisoned for not more than 5 years, fined in accordance
    with title 18, or both.
 
 
THEN YOU HAVE 287 (g).     AD INFINITUM.