August 17, 2007

Immigration Law: 8 USC 1324 a PREEMPTION

Posted by D.A. King at 8:01 am - Email the author   Print This Post Print This Post  

Lots of talk lately about regulating immigration and employment being solely a federal issue.

Sometimes, people should actually read the law before they write. Below is from that pesky existing federal law. The entire section can be read here.

TITLE 8 – ALIENS AND NATIONALITY
CHAPTER 12 – IMMIGRATION AND NATIONALITY
SUBCHAPTER II – IMMIGRATION
PART VIII – GENERAL PENALTY PROVISIONS

Section 1324a. Unlawful employment of aliens

(h) Miscellaneous provisions

(2) Preemption

The provisions of this section preempt any State or local law
imposing civil or criminal sanctions (other than through
licensing and similar laws
) upon those who employ, or recruit or
refer for a fee for employment, unauthorized aliens.

August 16, 2007

My Marietta Daily Journal column today: ‘Locals have duty to do jobs feds won’t

Posted by D.A. King at 2:44 pm - Email the author   Print This Post Print This Post  

I have added a few hyperlinks to educate the reader.

Marietta Daily Journal
D.A. King
Columnist

Locals have duty to do jobs feds won’ t

“Economic freedom demands the unrestricted movement of human as well as financial capital across national borders.” – from the official Website of the Libertarian National Committee.

In the most recent example of liberal judicial activism, Federal Judge James Munley of Pennsylvania, a Bill Clinton appointee, ruled last month that the city of Hazleton, Pa., does not have the authority to enforce federal immigration law.

Good luck with that one on appeal, judge.

According to the Philadelphia Inquirer, the head of Hazleton’s Hispanic Business Association, Rudy Espinal, hopes that the decision will “restore a sense of normalcy to his community.”

Normalcy indeed.

The Mexican American Legal Defense and Educational Fund (MALDEF) had this to say about the Hazleton case: “The ordinance usurped the federal government’s exclusive power to regulate immigration, deprived residents of their constitutional right to due process, and violated federal and state law.”

Quite a significant contradiction from the corporately funded MALDEF. The well-paid officials of that non-profit “civil rights” group, along with the American Immigration Lawyers Association, the National Council of La Raza, the National Immigration Forum and the National Immigration Law Center, put out a handbook for the rest of the illegal alien/open borders lobby last year titled “State and Local Police Enforcement of Federal Immigration Laws: A Tool Kit for Advocates.”

The second sentence of the introduction of the 53 page document clearly acknowledges the fact that the U.S. Department of Justice has found that local police have the “inherent authority to enforce all federal immigration laws.”

Maybe these advocates forgot about their own publication?

The “Toolkit” goes on to explain to other advocates for illegal aliens on how to persuade local authorities that they do not have the recognized and obvious enforcement authority.

This contradiction represents “normalcy” for MALDEF, widely recognized as one of the most aggressive proponents of illegal immigration and bilingualism in the United States.

On another remarkable note, former Republican Congressman Bob Barr of Cobb County – now a confirmed Libertarian – wrote a recent guest column in the Atlanta newspaper headlined “Immigration belongs at the federal level” enthusiastically endorsing Munley’s decision. “Immigration policy is a power reserved for the federal government,” he wrote.

Pehaps the former congressman and former U.S. Attorney has overlooked the 1996 amendments to the Immigration and Nationality Act, passed while he was in Congress, in which the existing and inherent local enforcement authority is expanded with federal training in section 287(g).

Federal immigration law ( 8 USC 1324 a ((h)) ) clearly allows state and local governments to regulate “those who employ, or recruit or refer for a fee for employment, unauthorized aliens” by imposing civil or criminal sanctions through “licensing and other laws.”

Cobb Sheriff Neil Warren’s success in getting illegals out of our community is but one brilliant example of the results of taking advantage of the tools provided to local governments to enforce immigration laws. By using 287(g) authority his office has in just one month begun deportation cases on more than 50 illegal aliens.

Americans paying attention in Cobb can only hope that the Cobb police have plans to soon apply for the federal training.

State Sen. Chip Rogers’ Georgia Security and Immigration Compliance Act also uses available tools to enforce compliance with federal immigration laws. Georgia State Patrol officers will soon graduate from federal training and begin to enforce federal immigration laws.

Cobb was the first county in the state to begin using the no-cost federal program now called “E-Verify” – available to all employers – to determine the eligibility and immigration status and of newly hired employees, thereby helping to enforce the federal law making it a crime to knowingly employ an illegal alien.

Given their absurd argument that illegal immigration is solely a federal issue, one can only wonder when MALDEF and the ACLU will attempt to stop this very welcome enforcement.

We look forward to their argument that using these tools somehow usurps the federal government’s exclusive power to regulate immigration.

Regardless of judicial activism in Pennsylvania, Sheriff Warren and state and local officials all over the nation not only have the authority, but the duty to do the job the federal government will not do.

Doing so may return American citizens to “normalcy” in their own country.

King is president of the Dustin Inman Society, a Marietta based coalition actively opposed to illegal immigration.

Link to column in the MDJ here.

August 15, 2007

Sovereignty defined ( in English): Merriam Webster

Posted by D.A. King at 4:39 pm - Email the author   Print This Post Print This Post  

Sovereignty

Merriam Webster

Main Entry: sov·er·eign·ty

Function: noun

1 obsolete : supreme excellence or an example of it

2 a : supreme power especially over a body politic b : freedom from external control : AUTONOMY c : controlling influence

3 : one that is sovereign; especially : an autonomous state

Georgia Security and Immigration and Compliance Act-New Rules and Regulations from the Georgia Department of Transportation

Posted by D.A. King at 9:57 am - Email the author   Print This Post Print This Post  

Georgia Security and Immigration and Compliance Act
New Rules and Regulations from the Georgia Department of Transportation

HERE

We get mail…Jerry likely regards this as “HATE” mail?

Posted by D.A. King at 9:47 am - Email the author   Print This Post Print This Post  

Comments:

How does one report a possible illegal alien? It seems law enforcement can do nothing unless investigating a “crime”. I called the Immigration number in phone book…long recording, got referred to ICE….longer recording and I was kept on hold for 10 minutes…never got to speak to anyone (I had to get back to work). I also left message for my county commissioner and have not had my call returned.

My story: I was summoned for jury selection. I’m called to the box, front row and center. I see that the trial is between 2 mexican women. We were told that there was an interpreter because “although the spanish speaking clients spoke some English, it was to ensure they fully understood what was said in the courtroom”. Well, right away my impression is that they are probably illegal.

The defense attorney asked us if any of us had strong feelings or opinions about people in our country illegally….wow, hands went up. There was a few minutes of lively discussion…he and the judge tried to impress upon us that the issue was not citizenship status, but to try to case according to the facts…we were asked if we could be impartial and give a fair trial, about 6 of us said NO WAY. A few more questions came our way. When I answered that my son-in-law was a U.S. Border Patrol Agent, the defense attorney hung his head and said “I was afraid you were going to say that”…chuckles were heard across the courtroom. Six of us were excused. They called 6 more….6 more excused…it looked like there may be a problem finding jurors, but to my disgust, they finally found people who said they could disregard the illegal status. Oh my.

I want to know WHY, if people like lawyers and judges and other law enforcement in that courtroom do not have to call on Immigration authorities to verify someone who has evidently let the defense attorney know they are illegal. And if they won’t do it, I feel compelled as a legal citizen to now report this….but no one seems to be accessible.

Do you have instructions….”steps”….for reporting someone to have their status verified?

Thank you for your time.

S.L.
Georgia

Hearing sought on Islamic, Mexican ties – terrorists coming into the U.S. from Mexico? Who woulda thought?

Posted by D.A. King at 9:15 am - Email the author   Print This Post Print This Post  

Hearing sought on Islamic, Mexican ties
Washington Times
By Sara A. Carter
August 9, 2007

A ranking House Republican yesterday demanded a hearing based on recent reports that Islamic terrorists embedded in the United States are teaming with Mexican drug cartels to fund terrorism networks overseas.

Rep. Ed Royce, ranking Republican on the House Foreign Affairs terrorism and nonproliferation subcommittee, said the Drug Enforcement Administration (DEA) document — first reported yesterday by The Washington Times — highlights how vulnerable the nation is when fighting the war on terrorism.

“I’ll be asking the terrorism subcommittee to hold a hearing on the DEA report’s disturbing findings,” said Mr. Royce of California. “A flood of name changes from Arabic to Hispanic and the reported linking of drug cartels on the Texas border with Middle East terrorism needs to be thoroughly investigated.”

Likewise, Rep. John Culberson, Texas Republican, said the DEA document revealed startling evidence that Islamic radicals are camouflaging themselves as Hispanics while conducting business with violent drug-trafficking organizations.

“I have been ringing the bell about this serious threat of Islamic individuals changing their surnames to Hispanic surnames for three to four years,” Mr. Culberson said. “Unfortunately, Homeland Security’s highest priority is to hide the truth from Congress and the public. I just hope we’re not closing the barn door after terrorists have already made their way in.”

Mr. Culberson, a member of the House Appropriations homeland security subcommittee, yesterday wrote a letter to the subcommittee’s chairman, Rep. David E. Price, North Carolina Democrat, requesting a full investigation and hearing into the matter. A spokesman for Mr. Price said the committee is contacting the law-enforcement agencies and will work closely with Mr. Culberson’s office on the matter.

“We certainly want to learn more about the matter from the agencies involved,” said Paul Cox, press secretary to Mr. Price.

The 2005 DEA report outlines several incidents in which multiple Middle Eastern drug-trafficking and terrorist cells in the U.S. are funding terrorism networks overseas with the aid of Mexican cartels. These sleeper cells use established Mexican cartels with highly sophisticated trafficking routes to move narcotics — and other contraband — in and out of the United States, the report said.

This is not even close to the whole story…read it here.

Press Release from the National Council of The Race

Posted by D.A. King at 8:51 am - Email the author   Print This Post Print This Post  

Press Release from the National Council of The Race ( La Raza )

( BONUS INFO – HERE for the dearly departed Charlie Norwood on La Raza)

Contact
Michele Waslin
Jacqueline Pacheco
(202) 785-1670

Aug 10, 2007

NCLR CALLS ON BUSH ADMINISTRATION TO RECONSIDER DISCRIMINATORY MEASURES IN IMMIGRATION PACKAGE

Murguía Urges President Bush to Meet with Hispanic Leadership on Reversal of Position

Washington, DC – The National Council of La Raza (NCLR), the largest national Hispanic civil rights and advocacy organization in the U.S., expressed deep concerns over the Bush Administration’s recently unveiled immigration plan. The measures include increasing the use of state and local law enforcement in enforcing federal immigration laws, expanding raids at workplace sites, and implementing new Social Security “no match” regulations that could put millions of Americans at risk of losing their jobs.

“Today the Bush administration put forth a set of measures disguised as immigration enforcement which amounts to an assault on the civil rights of all Hispanic Americans,” stated Janet Murguía, NCLR President and CEO.

“The package of measures announced today will result in the racial profiling of all working Latinos. In effect, what these measures will do is impose a substantial burden on a subset of our citizens which is based entirely on the color of their skin, their accent, or their name,” continued Murguía.

“Frankly,” Murguía added, “this plan is such a dramatic shift from President Bush’s previous strong support of the need for comprehensive immigration reform that it seems to be a complete reversal of his position. I call on President Bush to meet with leaders of the Hispanic community to explain how this package of discriminatory measures squares with his stated desire for immigration reform that is consistent with American values.”

“Finally, Congress should not escape accountability. Congressional opponents of real immigration reform have been targeting legal immigrants and even U.S. citizens in recent debates. The distinction between undocumented and legal immigration and between immigrants and Latinos has been deliberately blurred. It is the responsibility of congressional leaders to halt the scapegoating, do their job, and fix our nation’s broken immigration system,” concluded Murguía.

###

We get mail: At least he recognizes that we have a border?

Posted by D.A. King at 8:37 am - Email the author   Print This Post Print This Post  

We get mail:

From: “Rob La Fontaine” roberto_carlos_melendez@hotmail.com

Comments:

Long live the illegal immigrants in the united states! long live the lives of many who are willing to work extremely long hours to have your commodities at a convinient price! long live the poeple who are judged by crossing a border in order to put food to their families’ tables!

for the lack of knowledge about certain issues such as these, America becomes more ignorant day after day thanks to people like yourselves who are more than willing to point fingers at others who only come to this so called great country to work for extremely long hours. No american will be willing to work in the fields for more than 12 hours and get paid minimum wage, no american would be willing to clean hotel rooms day after day for a living and still get paid a ridiculously low amount of money, no american would be willing to spend long hours under the sunlight working on landscaping, bleeding on foreign land to bring bread to the table of their broken households…get a grip and look at the big picture and for once think of others instead of thinking about yourselves. Thats exactly why many are the countries that hate the american way of life…selfish….

you are all ridiculous, not professional, and selfish and are willing to give others one side of the argument…

so unprofessional and disgusting, as an American citizen and resident, you disgust me and great is my shame to have in my country such media…

3rd SPP summit shrouded in secrecy

Posted by D.A. King at 8:32 am - Email the author   Print This Post Print This Post  

WorldNetDaily.com

3rd SPP summit shrouded in secrecy

President Bush will interrupt his summer vacation in Crawford, Texas, next week to attend the third summit meeting of the Security and Prosperity Partnership of North America, or SPP, slated for Aug. 20 and 21 in Montebello, Quebec, at the five- star Fairmont Le Chateau Montebello resort…


READ THE REST!

Remember September 11, 2001? Interesting article here from September 10, 2001 – apparently, Americans opposed open borders then too!

Posted by D.A. King at 8:11 am - Email the author   Print This Post Print This Post  

Americans Oppose Open Border
September 10, 2001
Newsmax.com

It was showcased as a meeting between two presidents who like, trust and admire each other and could thus tackle one of the thorniest issues to face both the United States and its southern neighbor and trading partner Mexico – immigration.

If Social Security is the third rail of American politics, legal and illegal immigration from south of the border rivals it as the trip wire of an explosive issue capable of destroying political careers and dividing the nation and its political parties into warring camps.

Last Wednesday, barely a day after Mexico’s President Vicente Fox arrived for his state visit, Fox unexpectedly lit the fuse and set off the explosion before the two presidents could get down to brass tacks in discussing the presence of millions of illegal Mexican immigrants already in the U.S., and millions more who ache to come here.

Solve the problem before the year 2001 ends, Fox demanded of his host, who had no idea it was coming.

The extent of the problem is illustrated by the fact that since 1970, the number of Mexicans living in the U.S. has swelled from around 800,000 to more than 8 million, half of them illegal, according to BusinessWeek magazine.

Moreover, with the Mexican economy in even worse shape than the U.S. economy, millions more look northward for jobs and a better life. As a result, the tide of illegal immigrants swarming into the U.S. has become an unstoppable wave crashing over the U.S.-Mexico border day and night.

“The cold fact is that we have more undocumented immigrants today than we’ve ever had since they started counting,” Michael Fix, director of immigration studies at the Urban Institute, told BusinessWeek. “It makes sense to rethink the policy.”

PLease read the rest and send it to your U.S. Senator.

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