Thread: San Jose being sued for failure to comply with the law!

This was the news I received yesterday morning before leaving on a rally. It was in an Action Alert from the East Bay Coalition for Border Security.

From Sharon - WAY TO GO Roberta & Carol !!
San Jose police must report illegal migrants, suit says
S.J. COPS' REFUSAL IS UNDER ATTACK By Jessie Mangaliman
Mercury News
San Jose Mercury News
Amid a national debate over whether local police departments should help enforce immigration rules, a new lawsuit is charging San Jose and Police Chief Rob Davis with failing to report "suspected" illegal immigrants to federal authorities - a practice the suit alleges is itself against the law. The suit, filed by an Orange County attorney and activist, challenges a practice that San Jose and many other police departments openly acknowledge. If police were to pursue the immigration status of suspects, victims and witnesses, Davis has said, they would violate the trust of immigrant communities that they need to do their jobs. But attorney David Klehm echoes the argument of federal officials who have asked police departments around the country to take a more active stance: Illegal immigrants who are arrested ought to be deported, rather than being "recycled" through the U.S. criminal justice system. Klehm's suit, filed on behalf of Roberta Allen and Carol Joyal
of San Jose, comes at a critical time. At least five Bay Area cities - San Jose, East Palo Alto, San Francisco, Richmond and San Rafael - have passed city resolutions in recent months denouncing federal agents' sweeps to round up illegal immigrants in Northern California. In those raids, agents are targeting immigrants who have separate criminal convictions that make them deportable, but undocumented immigrants without criminal records have also been caught in the effort.

http://www.mercurynews.com/news/ci_5598473



When I got home I sent Roberta an email congratulating her and Carol. She sent me back this note.


Hi XXXXXX,

Yup--we did it.

This was orchestrated by FIRE Coalition. We are trying to set a
precedence here. They are hoping to do same in LA.

I'm in precarious position right now as have to stay "focused" PUBLICLY
on the suit.

Should have a hearing in near future.

City is fighting us right now.

I haven't seen any of the TV reports except Channel 2.



We ARE opening a can of worms here.

Wish us luck.

Will still be doing the Texas 3 Rally next Sat.

Flag Lady Roberta

XXX-XXX-XXXX

www.illegalimmigrantprotest.com

"I AM ONLY ONE. I CAN NOT DO EVERYTHING, BUT I CAN DO SOMETHING, AND
BECAUSE I CAN NOT DO EVERYTHING, I WILL NOT REFUSE TO DO THE SOMETHING
I CAN DO. WHAT I CAN DO, I SHOULD DO, AND WHAT I SHOULD DO, BY THE
GRACE OF GOD, I WILL DO." ~~~~EDWARD EVERETT HALE

Great news, StokeyBob. Thanks for sharing.

I love it.

We are getting harder to ignore day by day.

We need everyone who has had someone murder by an illegal alien, killed by an illegal drunk driver to file a suit or robbed/raped by an illegal alien to file a law suit against the local/state/federal government for not enforcing the law. It is crazy the number of americans harmed by illegal aliens.

they should win this law suit easily.

I'd like to see lawsuits like this filed all over the country.

Originally Posted by ShockedinCalifornia

I'd like to see lawsuits like this filed all over the country.

I agree, this is what it will take, local cities police and sheriff dpts being sued for negligence in duty.

Originally Posted by Dagmar

Originally Posted by ShockedinCalifornia

I'd like to see lawsuits like this filed all over the country.

I agree, this is what it will take, local cities police and sheriff dpts being sued for negligence in duty.

And I believe the CODE will prove us correct!
Local and State entities are able to ENFORCE THE LAW.

I'm not sure if this code has anything to do with the lawsuit but it looks pretty clear to me and to a police officer that was trying to explain about it to me.

I hate to post the whole thing but I also hate to mislead anyone by cutting something out. I also don't know how current this is.



TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324
§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties (1) (A) Any person who— (i) knowing that a person is an alien, brings 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; (ii) 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; (iii) 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; (iv) 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; or (v) (I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; (iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 1 to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and (iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both. (2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings 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 shall, for each alien in respect to whom a violation of this paragraph occurs— (A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or (B) in the case of— (i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, (ii) an offense done for the purpose of commercial advantage or private financial gain, or (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years. (3) (A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both. (B) An alien described in this subparagraph is an alien who— (i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title), and (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C) (i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. (b) Seizure and forfeiture (1) In general Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General. (3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: (A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (c) Authority to arrest No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (d) Admissibility of videotaped witness testimony Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) of this section who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence. (e) Outreach program The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.