CA officials poised to blunt Trump on deportation

 

immigration-protestIf Donald Trump aims to significantly reduce the presence of undocumented and unlawful immigrants in California, he will face staunch opposition. From the municipal to statewide level, officials have come out strongly against the prospect of stronger enforcement and deportation. 

“Secretary of State Alex Padilla criticized the choice of Kris Kobach [as one of Trump’s new immigration transition team members], who holds the same position in Kansas as Padilla, as counter to Trump’s call for unity,” according to the Los Angeles Times. “Kobach advised the incoming president on immigration issues during the campaign, and helped draft the Arizona legislation that required immigration status checks during traffic stops.”

Excoriating Kobach for a “pattern of supporting racist, anti-immigrant policies including voter suppression and racial profiling laws,” Padilla warned in a written statement that Trump’s choice “sends a deeply troubling message that telegraphs an imminent assault on our collective voting rights and civil rights,” the paper added. 

Trump’s push to intensify the deportation regimen pursued by President Obama has sent California activists into crisis mode, inspiring an ironic call among some for the undocumented to edge back into the metaphorical shadows to avoid exposing themselves to increased federal scrutiny. One such potential pitfall is the so-called Deferred Action for Childhood Arrivals program, or DACA, designed to help exempt young children from facing penalties older unlawful entrants have often faced.

Resistance strategies 

DACA “has allowed 750,000 young people who came to the U.S. illegally to continue working and studying in this country,” the San Jose Mercury News recalled. “Immigration activists from the Central Coast believe, because DACA was an executive action, it would be an easy immigration program for Trump to end.”

“In light of the demand, several community organizations held a news conference in Salinas Monday to urge calm among immigrant communities and to announce a series of forums in the next few days to answer questions, assuage concerns and urge people to be ready for what’s to come ­– whatever that is.”

Amid likely tectonic shifts in the policy landscape, California police have not necessarily lined up behind stiffer enforcement measures. Officials in so-called sanctuary cities have warned that a concerted federal push to purge their neighborhoods of undocumented residents would be met with resistance. “Democratic mayors of major U.S. cities that have long had cool relationships with federal immigration officials say they will do all they can to protect residents from deportation, despite President-elect Donald Trump’s vows to withhold potentially millions of dollars in taxpayer money if they do not cooperate,” the Associated Press reported. 

Letter of the law

But some law enforcement agencies have staked out a cautious position based on the idea that their jurisdiction and responsibilities are simply limited. Los Angeles Police Chief Charlie Beck, for instance, avowed that “I don’t intend on doing anything different,” as the Orange County Register noted. “We are not going to engage in law enforcement activities solely based on somebody’s immigration status. We are not going to work in conjunction with Homeland Security on deportation efforts. That is not our job, nor will I make it our job.”

In fact, Beck and chiefs like him have the law on their side. “Because states and cities can’t be required to enforce federal law — and there’s no U.S. requirement that police ask about a person’s immigration status — it’s likely that any Trump effort to crack down on sanctuary cities would focus on those that refuse to comply with ICE requests,” the AP added, citing Roy Beck, CEO of NumbersUSA.

On the political side, Senator-elect Kamala Harris made a point to establish herself as one of Trump’s most powerful opponents on immigration. For her first public appearance after the election, she chose an L.A. activist group’s headquarters. “Harris has followed the appearance up with a post on the website Medium saying she wanted ‘every immigrant family in this country  —  as well as the new Trump administration – to know exactly where I stood on immigration reform,'” according to McClatchy. “Harris has an online petition to support immigrants and suggested California would lead the resistance to Trump.”

13 comments

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  1. Marty
    Marty 17 November, 2016, 13:08

    It is a shame that the powers on the left cannot differentiate between an illegal immigrant and an illegal immigrant that has been found guilty of a felony. Why should we want to retain violent criminal behavior at the expense of good citizens (both U.S. citizens and undocumented persons) here now.

    When I was doing business with Mexica in the 90’s and early 2000’s I was subject to imprisonment if I did not have my FM3 pass on my person any time I was in Mexico. The Mexican rightfully took immigration issues seriously just like we need to. If you are a sports fisherman on a boat off Mexican waters you better have the proper paperwork (FM3 or FM4) or you will be subject to punishment.

    It is my understanding that the Trump administration is primarily concerned about the immigrant with a criminal activity record on this side of the border. He is not going to do a mass deportation of the current population here now.

    Reply this comment
  2. Spurwing Plover
    Spurwing Plover 17 November, 2016, 16:49

    Deport Moonbeam,Newssom,Boxer and Feinstein plus all those who support illegal imigratiion and sancuary cities

    Reply this comment
  3. Mike
    Mike 17 November, 2016, 18:18

    Made a sticker for family SUV. “Deplorable Infidel Baby on Board” . Going to drive to San Rafael Saturday and cause a few busted veins in the forehead, and hopefully a brain aneurysm. Hoping to video and post the head explosion. Gun free zones will be adhered to.

    Reply this comment
  4. Dude
    Dude 17 November, 2016, 19:21

    How dare we evil Americans are by insisting our laws be enforced. What in the world were we thinking? You Dims will be the first group of traitors we throw out of the U.S. following the coming civil war.

    Reply this comment
  5. Dork
    Dork 18 November, 2016, 06:53

    ARREST AND CHARGE EVERY LAST PUBLIC OFFICIAL IN CALIFORNIA FOR THE MULTIPLE FELONIES THEY ARE ADMITTING TO

    Federal Immigration and Nationality Act
    Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

    “Any person who . . . encourages or induces an 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 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 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 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 alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien 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 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 verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the 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 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 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 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 additon 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.

    Reply this comment
    • ricky65
      ricky65 18 November, 2016, 08:31

      Nice recitation but these laws and Federal CFR sections are meant for mere mortals and the ‘deplorable’ classes. Dema-Rats, as we have seen with the Clintons, are not obliged to obey any laws they perceive as interfering with their criminal operations or ideological goals.
      It will be a hoot to watch the Trumpeters go to war with the cities of the New Confederacy. Their own tax grazing constituencies will cannibalize the overseers of the D-rat plantation when federal subsidies get cut off.
      And remember: it ain’t us deplorables who are whistling Dixie these days..

      Reply this comment
    • Ted Trumpsteaks
      Ted Trumpsteaks 18 November, 2016, 14:54

      wasted cut n paste— you know they all have immunity for acts within the scope etc? Right? That’s to prevent clowns from the other side of the isle from doing what you guys would like to do…..
      but thanks for playing– and GREAT job on the cut n paste!

      Reply this comment
  6. Spurwing Plover
    Spurwing Plover 18 November, 2016, 08:12

    Hold the state liable for any deaths or injeries cuased by ilegal aliens the same with all those sancuary cities nationwide hold them financial liable

    Reply this comment
    • Bill - San Jose
      Bill - San Jose 23 November, 2016, 19:40

      This is a perfect approach. Now to get the legal precedent set with the right judge and watch how fast the state starts to rethink its stance on protecting criminals from prosecution.

      Reply this comment
  7. Bill Gore
    Bill Gore 18 November, 2016, 08:53

    “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.”

    HA HA-YEAH RIGHT!

    The ENTIRE reason Chambers-of-Commerce LOVE hiring illegal aliens, especially in the TRADES, is precisely because: 1) They do not have to withhold or report ANYTHING. Worker’s Comp PROBLEM SOLVED. Health Insurance-PROBLEM SOLVED. OSHA hassles and safety lawsuits-SOLVED.
    2) They can pay them NOTHING and said employees help themselves to a buffet of amazing benefits (Medicaid, WIC, Section 8 housing, etc etc) thanks to the taxpayer subsidy of said businesses.
    3) They can FIRE them at the drop of a hat HASSLE FREE.

    Then big business piles INSULT on to injury by falsely claiming they can’t find any american citizens to employ, and anyway americans are simply too stupid, lazy and degenerate….. Thank GOD Trump is going to impose some real world discipline on employers.

    Reply this comment
  8. Bill - San Jose
    Bill - San Jose 23 November, 2016, 19:36

    You all realize that the laws already exist. They are not being enforced by the DC corruption tied to big biz.

    Hey guys. New sheriff in town and he’s pretty sure he means business. I applaud the effort to stop the invasion of our country at every level.

    Cheers.

    Reply this comment
  9. Partybreaker
    Partybreaker 25 November, 2016, 21:10

    A 1-800-ILGL number to report illegals or local govt not adhering to immigration lawsl. Can t wait for 1/20/17.

    Reply this comment

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Alex PadillaKamala HarrisDonald TrumpKris Kobach

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