- Writ of Quo Warranto.
- Article 6, The Supremacy Clause.
- Harboring, aiding and abetting illegal immigrants is a crime punishable by up to 10 years in prison.
- Cost of California's illegal actions grossly under-calculated.
Can politicians be arrested?”
The answer is yes, absolutely. Or, the federal government can issue a “Writ of Quo Warranto” and remove the politician from office.
A “Writ of Quo Warranto” is a notice of demand, issued by a demandant to a respondent claiming a delegated power and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days (depending on the distance of the respondent to the court) to present proof insufficient, or if the court to hold the hearing, the respondent must cease to exercise the power. If the power is to hold an office, he/she must vacate the office.
Under the doctrine of preemption, which is based on the Suprema Clause of Article 6 of the Constitution, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with or is in conflict with federal law.
Section 4 of the Constitution states: “The President, Vice President and ALL civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other HIGH CRIMES and misdemeanors.” – They have certainly committed HIGH CRIMES.
In the case of the illegal actions of California law makers and the governor of California, and those responsible in other so-called sanctuary cities, we see the blatant disregard for the federal laws that they are openly breaking, placing themselves above the law.
It’s become quite obvious that the State of California is acquiring as many illegal immigrant’s as possible for the purpose of voting in the upcoming elections, even at the risk of starving them, because a great number of them are living homeless on the streets of California and in tent cities.
The unlawful action of forcing U.S. citizens to pay for illegal immigrant’s is a blatant disregard for Federal laws of the United States. (They won’t get one penny from me.)
Here is the basis for arrests and/or removal from office, of those who have committed felony crimes:
A person (including a group of persons, business, organization or local government) commits a federal felony when they:
1. Assists an illegal immigrant/s whom they should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting them to obtain employment;
2. Encourages illegal immigrants to remain in the U.S., by referring them to an employer, by acting as employer or agent for an employer in any way;
3. Knowingly assists illegal immigrants 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 immigrants without verifying their work authorization status is guilty of a misdemeanor. Illegal immigrants 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 immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
It is unlawful to hire an illegal immigrant/s to recruit an illegal immigrant, or to refer an illegal immigrant for a fee, knowing the illegal immigrant is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal immigrant knowing that the illegal immigrant is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an illegal immigrant with work authorization only where the U.S. citizen is equally or better qualified.
It is unlawful to hire an 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 3 days advance notice, they 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 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 immigrant 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. 2. The employer has learned from other individuals, media reports, or any source of information available to the employer, that the illegal immigrant is unauthorized to work;
3. The employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal immigrant 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.
It is illegal for non-profit and religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal immigrants. Harboring or aiding illegal immigrants 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 5 years.
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 immigrant/s 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 covert, and harboring covers illegal immigrants arrested outdoors, as well as in a building. This provision includes harboring an illegal immigrant who entered the U.S. legally, but has since lost his legal status. An employer can be convicted of the felony of harboring illegal immigrants 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 illegal immigrant’s illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal immigrants or unauthorized workers is guilty of felony harboring.
It is also a felony to encourage or induce an illegal immigrant to come to or reside in the U.S., knowing or recklessly disregarding the fact that the illegal immigrant’s entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal immigrant’s. Courts have ruled that “encouraging” includes counseling illegal immigrant’s to continue working in the U.S. or assisting them to complete applications with false statements or obvious “errors”. The fact that the illegal immigrant 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 illegal immigrant 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 20 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 illegal immigrant smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each illegal immigrant smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal immigrant smuggled qualifies as a “victim” under the Victim and Witness Protection Act.24
Conspiracy to commit the crimes of sheltering, harboring, or employing illegal immigrant’s is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment.
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 immigrant’s. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.
Any vehicle used to transport or harbor illegal immigrant’s, or as a substantial part of an activity that encourages illegal immigrants 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. Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire or actually violate federal illegal immigrant smuggling, harboring, or document fraud statutes under the Racketeer-Influenced and Corrupt Organizations Act 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 non-profit associations.
Employers who aid or abet the preparation of false tax returns by failing to pay income or social security taxes for illegal immigrant 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 3 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 above, 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 immigrant’s. Here is an exact copy of the Immigration laws governed by the FEDERAL GOVERNMENT:
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Alien Smuggling — Subsection 1324(a)(1)(A)(i) makes it an offense for any person who — knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
Domestic Transporting — Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Bringing Aliens to the United States — Subsection 1324(a)(2) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution — With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
Knowledge — Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
Penalties — The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
Now, with this said, Mr. President; We The People expect our rights as legal United States citizens, (NOT) to be infringed upon. Arrest those responsible, get them out of office, they have committed felonies against the Federal Government, and the citizens of the United States of America.
AND BUILD THE WALL.