Quote:
Originally Posted by Ayatollahgondola
I think this is where we start to fail. I wonder if it would be best to leave this out, and insert precise language detailing what would trigger an immigration check, ie...presenting false ID, possession of expired visa or passport, lack of drivers license when stopped while driving, etc. Why bring aboard all the ambiguous and obviously tainted baggage of "suspected of"?
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Here's Federal Law that has been posted many times:
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 warrant less 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.
And here's citizen recourse:
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.
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As I keep on repeating, Comprehensive Immigration Reform is a nondescript term that has a subliminal, secret meaning that liberals keep on using but won't explain. It's like Obama's campaign comment - "change". But Change meant Socialism/Marxism.
Comprehensive Immigration Laws are; #1. Rearranging the chairs on the deck of the Titanic. #2. Code word for amnesty.
Any "new" laws are simply disingenuous because we already have all of the laws we need. They are simply not being enforced. So the Reid/Pelosi version of CIR is to gut the existing laws, get rid of them and open the flood gates to rampant chaos everywhere.