Thread: Officer's widow files lawsuit against HPD

Officer's widow files lawsuit against HPD
12:45 AM CDT on Tuesday, September 22, 2009

By Courtney Zubowski / 11 News

HOUSTON -- On the third anniversary of her husband’s death, the widow of a police officer filed a lawsuit against the Houston Police Department.

Houston Police Sergeant Joslyn Johnson is suing the department to force it to change the way it deals with illegal immigrants.

The lawsuit isn’t about money. It’s about the communication certain officers can have with federal immigration agencies.

Johnson has been calling for change since just after the death of her husband Rodney Johnson.

“Someone needs to do something,â€

I admire this woman. Every victim of an IA that had been previously in contact with law enforcement but not reported to ICE should do the same!

Houston Police Sergeant Joslyn Johnson is suing the department to force it to change the way it deals with illegal immigrants.

Win Joslyn Johnson!

God Bless her, she is right!

It is sad that the only way to eliminate the “sanctuaryâ€

I wish her all the luck, these don't ask don't tell policy's must stop, all law enforcement officers should be allowed to enforce all laws, including finding out if someone they stop is illegal and then be allowed to take the action necessary to have them deported.

The ILLEGAL EMPLOYER needs jail time for his involvement in Officer Johnson’s murder. If Mrs. Johnson is suing the City of Houston she should also include their sanctuary city policy that contributed to Officer Johnson’s murder. Sanctuary city status results in the ILLEGALS feeling they are welcome in our city. I suppose they are welcome by the Elitist Political Contributors, Special Interest Groups, and the Elitist Politicians they own who make certain the ILLEGALS available and financially supported by the taxpayers which the ILLEGALS now consider their "RIGHTS"!

Originally Posted by lccat

The ILLEGAL EMPLOYER needs jail time for his involvement in Officer Johnson’s murder. If Mrs. Johnson is suing the City of Houston she should also include their sanctuary city policy that contributed to Officer Johnson’s murder. Sanctuary city status results in the ILLEGALS feeling they are welcome in our city. I suppose they are welcome by the Elitist Political Contributors, Special Interest Groups, and the Elitist Politicians they own who make certain the ILLEGALS available and financially supported by the taxpayers which the ILLEGALS now consider their "RIGHTS"!

I HAVENT Heard anything but the district attorney did file some kind of charges months after the guy killed Johnson. it seems the owner of the landscaping company actually paid a smuggler to get him to phoenix then flew him back to texas

Originally Posted by jamesw62

Originally Posted by lccat

The ILLEGAL EMPLOYER needs jail time for his involvement in Officer Johnson’s murder. If Mrs. Johnson is suing the City of Houston she should also include their sanctuary city policy that contributed to Officer Johnson’s murder. Sanctuary city status results in the ILLEGALS feeling they are welcome in our city. I suppose they are welcome by the Elitist Political Contributors, Special Interest Groups, and the Elitist Politicians they own who make certain the ILLEGALS available and financially supported by the taxpayers which the ILLEGALS now consider their "RIGHTS"!

I HAVENT Heard anything but the district attorney did file some kind of charges months after the guy killed Johnson. it seems the owner of the landscaping company actually paid a smuggler to get him to phoenix then flew him back to texas

This is the last article I found for the ILLEGAL EMPLOYER if there is something more current I would like to see:

Friday, February 8, 2008
Immigration
Houston case highlights importance in checking status of workersHouston Business Journal - by Joseph W. Gagnon Special to Houston Business Journal
A Houston-area landscaper faces federal prosecution for allegedly harboring one of his workers, an illegal immigrant charged with murdering a Houston police officer.

The case highlights the federal government's efforts to expand immigration enforcement activities against employers. It also serves as a timely reminder to employers of the potential civil and criminal consequences of violating immigration laws.

U.S. v. Robert Camp
Robert Camp allegedly employed Juan Leonardo Quintero, an illegal immigrant, at his Houston-area landscaping company. In 1998, Quintero was charged with child indecency, convicted and deported to Mexico. Camp allegedly assisted Quintero's return to Houston, provided him a home and continued to employ him. During a routine traffic stop on Sept. 21, 2006, Quintero allegedly murdered a Houston police officer.

Following a lengthy investigation, Immigration and Customs Enforcement arrested Camp on Jan. 9, 2008, and charged him with encouraging Quintero's illegal re-entry into the United States and harboring him once he returned to Houston. If convicted, Camp faces up to 10 years in prison and a $250,000 fine.

The Camp case highlights the consequences for employers who fail to comply with immigration laws. It is illegal for any person to knowingly conceal, harbor or shield from detection an illegal immigrant or encourage or induce an illegal immigrant to enter or reside in the United States.

Violations carry prison terms ranging from 5 to 20 years and a fine of up to $250,000. Moreover, an employer who knowingly hires an illegal immigrant or who continues to employ an illegal immigrant upon learning of the employee's status is subject to a civil penalty of up to $2,000 per offense. If the employer has previously been fined, future violations carry a civil penalty of up to $10,000 per offense. If the government establishes a pattern of violations, an employer faces a criminal penalty of $3,000 per illegal immigrant and a jail term of up to 6 months.

Some have advocated charging Camp with criminal responsibility for Quintero's alleged act of murder. This raises a critical issue and employers should take note: If an act of concealing, harboring, shielding or enticing into the country an illegal immigrant results in the death of any person, then a guilty party potentially faces life imprisonment or execution. In Camp's case, such a charge is unlikely because Quintero's alleged crime does not appear to have occurred during the commission of any criminal act by Camp. A charge of this nature is more likely to be brought where, for example, a law enforcement officer is killed while searching a vehicle used to transport illegal immigrants into the country. A prosecution of an employer could also potentially be maintained for a death that occurs during a work site raid to apprehend illegal employees.

A growing trend
The Camp case is not an isolated incident. Despite budgetary constraints, during 2007 ICE made a record 850 arrests and collected about $30 million in fines and seizures as a result of work-site enforcement cases. ICE removed about 240,000 illegal immigrants from the United States.

The 2007 data will increase significantly if the Department of Homeland Security succeeds in converting so-called "mismatch" letters into a work-site enforcement tool. Since 1994, the Social Security Administration has sent mismatch letters to employers merely to advise of discrepancies between employee information provided by an employer to SSA and information SSA previously had on file. SSA sends mismatch letters each year to approximately 138,000 employers involving nearly 9 million employees.

DHS is attempting to implement a new rule under which mismatch letters would include an explanation of the employer's possible civil and criminal liability for failing to correct the discrepancy or, if it cannot be corrected, terminate the employee. Moreover, DHS will treat receipt of the letter as evidence of the employer's constructive knowledge that an immigration violation has occurred. This would make it far easier to successfully prosecute employers because the government's burden to show a "knowing" violation will be difficult to rebut.

At present, a federal lawsuit in California has blocked the new rule, but DHS is in the process of modifying the rule to obtain dismissal of the case.

Employer response
What can employers do to avoid civil or criminal liability in an era of expanding governmental efforts to increase work-site enforcement efforts?

The easy answer is to not employ, harbor, conceal, shield, or entice into the country an illegal immigrant. Beyond the obvious, however, employers should, with the assistance of legal counsel, perform a compliance review that examines current employment verification and record retention procedures. The compliance review should be complemented by an internal audit of I-9 forms. These basic steps can assist employers in preventing the devastating consequences of immigration law violations.

Joseph W. Gagnon represents employers in labor and employment matters with the Houston office of Fisher & Phillips LLP.

http://houston.bizjournals.com/houston/ ... ocus8.html

The Houston Chronicle has a story concerning Rodney Johnson's wife suing because her husband was murdered by an ILLEGAL, better late than never, I guess!

Widow of slain officer seeks changes in police policy
By BRIAN ROGERS Copyright 2009 Houston Chronicle
Sept. 22, 2009, 8:18PM Houston police sergeant, widowed when her police officer husband was shot to death by an illegal immigrant, has filed a lawsuit against the city of Houston and the police department asking that she be allowed to contact Immigration and Customs Enforcement officials regarding the immigration status of suspects she detains.

Joslyn Johnson is suing for a change of policy, not money, as she continues to arrest and detain suspects as a sergeant in the burglary and theft division of HPD, said her attorney, Ben Dominguez.

“It essentially seeks to reverse the policy that prevents HPD officers from communicating with ICE to determine whether a person is criminally here illegally. They're only criminally here illegally once they've been deported and returned without permission,â€