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08-30-2014, 05:17 PM #1
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Obama Employment Commission Extends Worker Protection to Illegal Aliens
Freedom Outpost
Obama Employment Commission Extends Worker Protection to Illegal Aliens http://freedomoutpost.com/2014/08/obama-employment-commission-extends-worker-protection-illegal-aliens/
Obama Employment Commission Extends Worker Protection to Illegal Aliens
Connor Wolf 8 hours ago
4 Comments
The federal Equal Employment Opportunity Commission (EEOC) made a pledge Friday to help ensure immigrant workers are protected under the law, including those who may be in this country illegally.
The EEOC and the Mexican foreign affairs ministry signed a “Memorandum of Understanding” promising education programs and outreach to aid immigrant workers.
The memorandum states that its intended purpose is to “establish a collaborative relationship to provide Mexican nationals in the United States with information, guidance, and access to education and training resources to help them understand and exercise their workplace rights, particularly with regards to reducing violence against them under the law and regulations that are administered and enforced by the EEOC.”
Kimberly Smith-Brown, a spokeswoman for the EEOC, confirmed that such protections would apply to illegal immigrants.
Smith-Brown said, “Undocumented workers are afforded the same protections under the law. The EEOC will assist anyone who believes that they have been discriminated against.”
Smith-Brown added, “When someone does come to us with a complaint, we will assist them with their claim. The EEOC does not ask the documentation status of anyone that comes to our offices. An undocumented worker is afforded the same protections under the law as everyone else.”
“This year we celebrated the 50th anniversary of the Civil Rights Act of 1964,” EEOC general counsel David Lopez declared during the signing. “Today we moralize a relationship to help insure this historic pact and other anti-discrimination laws be enforced to all workers that work and live in this country."
“In 2012, the EEOC adopted a strategic enforcement plan setting forth its enforcement priority for the year 2012 to 2016. One of the agencies top enforcement priorities is to combat discrimination against immigrant, migrant and other vulnerable populations,” Lopez added. “We doubled our efforts to ensure even the most vulnerable workers are protected by the law, even those who live and work in the shadows” Lopez stated.
EEOC Chairwoman Jacqueline A. Berrien, remarked, “Today’s memorandum of understanding is just the most recent example of an ongoing collaboration between the government of Mexico and the Equal Employment Opportunity Commission.”
Source
Editor's Note: If the illegal immigrant is "afforded the same protections under the law as everyone else" as Smith-Brown suggests, then why are they not also prosecuted under the law the same as everyone else? That is the question not being asked.
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08-31-2014, 06:40 PM #2
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.
U.S.C. § 1325 : US Code - 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.
The 1st time it's a misdemeanor, the 2nd time, it's a felony.Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn
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