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Arbitrary power is most easily established on the ruins of liberty abused to licentiousness.

George Washington

Case Law/Statutes

Case Law:

SCOTUS HAS RULED:

Local Law Enforcement may cooperate with Immigration Enforcement

In a March 22, 2005 ruling, in Muehler v Mena, in unanimous decision from a Court known for its 5-4 splits, the United States Supreme Court essentially said that asking about immigration status during a lawful police contact (or, by implication, any lawful contact) was as fundamental a question as asking for name, address and date of birth. Indeed, the Court made clear that no predicate "independent reasonable cause' need exist to inquire into immigration status. It is the Law of the Land.

Calling a decision by the 9th Circuit Court of Appeals “faulty,” the Supreme Court held that “mere police questioning [regarding one’s immigration status] does not constitute a seizure.” The Court continued its landmark ruling on this issue by stating that “the officers did not need reasonable suspicion to ask Mena for her name, date of birth, or immigration status.”...

If there were even a hint that merely asking about immigration status is discriminatory (as claimed by proponents of the proposed Ordinance), then you might expect to have had at least one dissenter in that decision: Justice Ruth Bader Ginsberg. Justice Ginsberg was general counsel of the ACLU from 1973 to 1980 and sat on its National Board of Directors from 1974 to 1980. Justice Ginsberg's joining the entire court in this decision speaks volumes about its judicial wisdom and legal common sense.

Congress expressly intended for local law enforcement to act in cases in which officers have reason to believe that an individual is in the country illegally, even though immigration law enforcement is not their primary responsibility. In 1996, Congress passed and President Clinton signed legislation that protects individual officers who act to enforce federal immigration laws, even if their departments have non-cooperation policies.

Federal Statutes

The Laws Against Hiring or Harboring Illegal Aliens

Federal Law--Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he: assists an illegal alien she/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 illegal 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.

ILLEGAL HIRING:

Section 1324a: Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail + $2000 fine per illegal alien + forfeiture of the vehicle or property used to commit the crime.

CONSTRUCTIVE KNOWLEDGE:

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts.⁽¹⁰⁾ 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.⁽¹¹⁾

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 workforce of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.⁽¹²⁾

⁽¹⁰⁾8 CFR 274a.1(l).
⁽¹¹⁾8 CFR 274a.1(l)(1).
⁽¹²⁾Seven Star Inc. v. U.S., 933 F. 2d 791 (9th Cir., 1991).

ILLEGAL ENTRY:

USC 8 Section 1325:

(a)...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 six months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than two years or both.
   1. 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.
      3. 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.
      4. Immigration-related entrepreneurship fraud - Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

SHARING OF INFORMATION NOT RESTRICTED

Section 1644: Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. (Affirmed City of New York v. United States, No. 97-61820, ___, (2nd Cir. 1997); appealed from US v. Giuliani, (S.D.N.Y. 1996)).

AUTHORITY TO ARREST

Section 1324c: All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section. (Affirmed United States v. Perez-Gonzalez, No. 01-3594, 307 F.3d 443, (6th Cir. 2002).

Constitutional Oaths of Office

Oath of Office for President
Article II, Section 1 of the U.S. Constitution.

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Serves as Commander in Chief
Article II, Section 2 of the U.S Constitution.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Protects Each State Against Invasion
Article IV, Section 4 of the U.S. Constitution.

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

Lou Dobbs: There are some Mexican citizens and some Mexican-Americans who want to see California, New Mexico and other parts of the Southwestern United States given over to Mexico. These groups call it the reconquista, Spanish for reconquest. And they view the millions of Mexican illegal aliens in particular entering the United States as potentially an army of invaders to achieve that takeover.

Invasion: INVA'SION, n. s as z. [L. invasio, from invado.]

1. A hostile entrance into the possessions of another; particularly, the entrance of a hostile army into a country for the purpose of conquest or plunder, or the attack of a military force. The north of England and south of Scotland were for centuries subject to invasion, each from the other. The invasion of England by William the Norman, was in 1066.
2. An attack on the rights of another; infringement or violation.