The NYPD won’t cooperate with federal Immigration and Customs Enforcement agents seeking to repatriate illegal immigrants, Mayor Bill de Blasio told RTVi, or Russian Television International.
“The NYPD will not participate as immigration enforcement agents because we have, for decades, built a close working relationship with immigrant communities,” de Blasio said. “Our police force is not going to be out there knocking on people’s door and it is not going to share information about people’s documentation status with the federal authorities.”
According to de Blasio, who faces reelection in November, more than half a million people in New York are “undocumented” and a “vast majority don’t commit any crimes whatsoever.”
City officials city and the NYPD officers will cooperate with the feds only in immigration cases which involve “serious and violent crimes,” he said. “In terms of the City of New York, we said the only area where we cooperate is we have a law that delineates 170 serious and violent crimes. If someone is convicted — not just accused, convicted of those crimes — then we will work with ICE in terms of their deportation.”
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31 Comments - what are your thoughts?
There is no way to disagree with those saying that every person who is in the U.S. illegally “IS” a criminal who “HAS” committed a criminal act. Those refusing to comply with U.S. laws, especially those being paid by American taxpayers; are themselves also criminals.
Can we hope Trump will have this jerk arrested?
De Blasio should be impeached !! The NYPD are not considered Police Officers when they do not enforce our Laws, their Badges do not represent Law & Order. De Blasio’s Militsiya is the proper term NYBM
So when is the AG going to prosecute this guy and make an example of him for breaking our Federal Immigration laws??? DO IT PRESIDENT TRUMP YOU SAID YOU WOULD SHUT DOWN SANCTUARY CITIES THEN DO IT.
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The Law Against Hiring or Harboring Illegal Aliens
+A
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The Law Against Hiring or Harboring Illegal Aliens
The following is an overview of federal law on hiring and
harboring illegal aliens. It is not a substitute for professional legal
counsel in specific situations.
Summary
A person (including a group of persons, business, organization or local government) commits a federal felony when he:
assists an alien whom he should reasonably know is illegally in
the U.S. or who lacks employment authorization, by transporting,
sheltering, or assisting him to obtain employment,
encourages that alien to remain in the U.S., by referring him to
an employer, 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 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.1 It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.2
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.3
It is unlawful to hire an individual for employment in the United
States without complying with employment eligibility verification
requirements.4 Requirements include examination of identity
documents and completion of Form I-9 for every employee hired. Employers
must retain all I-9s, and, with 3 days advance notice, they 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.5 Day
laborers or other casual workers engaged in any compensated activity
(with the above exception) are employees for purposes of immigration
law.6
An employer includes an agent or anyone acting directly or indirectly
in the interest of the employer. For purposes of verification of
authorization to work, employer also means an independent contractor, or
a contractor other than the person using the alien labor.7
The use of temporary or short-term contracts cannot be used to
circumvent the employment authorization verification requirements.8
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.9
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
It is illegal for non-profit and religious organizations to knowingly
assist an employer to violate employment sanctions, regardless of
claims that their convictions require them to assist aliens.13 Harboring or aiding illegal aliens is not protected by the First Amendment.14
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 5 years.15
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.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.17
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.18
Any person who within any 12-month period hires ten or more individuals
with actual knowledge that they illegal aliens or unauthorized workers
is guilty of felony harboring. 19
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.20 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”.21 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 20 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. 22 Courts can impose consecutive prison sentences for each alien smuggled or harbored.23
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.24
Conspiracy to commit the 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.25
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.”26
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.27
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.28
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.29 Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.30
Any vehicle used to transport or harbor illegal aliens, or 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.31
Private persons and entities may initiate civil suits to obtain
injunctions and treble damages against enterprises that conspire or
actually violate federal alien smuggling, harboring, or document fraud
statutes under the Racketeer-Influenced and Corrupt Organizations Act
(RICO).32 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
non-profit associations.
Employers who aid or abet the preparation of false tax returns by
failing to pay income or social security taxes for illegal alien
employees, or who knowingly make payments using false names or social
security numbers, are subject to IRS criminal and civil sanctions.33
U.S. nationals who have suffered intentional discrimination because
of citizenship or national origin by an employer with more than 3
employees may file a complaint within 180 days of the discriminatory act
with the Special Counsel for Immigration-Related Unfair Employment
Practices, U.S. Department of Justice.34
In addition to the federal statutes summarized above, state laws and
local ordinances controlling fair labor practices, workers compensation,
zoning, safe housing and rental property, nuisance, licensing, street
vending, and solicitations by contractors may also apply to activities
that involve illegal aliens.
Ok. So what does this do for these 500,000 individuals who are criminals. Do they now become “slaves” to the ones “protecting” them? Who provides for them? What is their future hold?
De Blasio should be put in jail and learn that illegal is breaking the law.Ship them back unless they want to become tax paying citizens and maybe we could reduce the welfare lines.
DO NOT EXPECT ANY FEDERAL MONEY TO SUPPORT THESE CRIMINALS AND I HOPE YOU SIT YOUR ASS IN JAIL UNTIL YOU STOP BREATHING
How many of our big city mayors are stuck on stupid. Not only are these foolish mayors endangering the lives of people in their cities but they are creating a breeding ground which places all Americans in danger.
Maybe its time to start holding elected officials criminally and civilly responsible for the criminals they knowingly harbor. Anyone who is in this country illegally is a criminal.
Jail DiBlasio and the NYPD police chief for sedition and treason.
So Trump put your money where your mouth was and prosecute to the full extent of the law this mayor and stop the insanity. While you are at it 50,000 refugees for 2017 is unacceptable to me and millions you promised to stop the refugee program so do it.
› § 1324
8 U.S. Code § 1324 – Bringing in and harboring certain aliens
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
US Code
Notes
Authorities (CFR)
prev | next
(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 18) 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.
(C)
It is not a violation of clauses [1]
(ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph
(A) except where a person encourages or induces an alien to come to or
enter the United States, for a religious denomination having a bona fide
nonprofit, religious organization in the United States, or the agents
or officers of such denomination or organization, to encourage, invite,
call, allow, or enable an alien who is present in the United States to
perform the vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not compensated
as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination for at
least one year.
(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), 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 violationsIn
determining whether a violation of subsection (a) 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) 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.
(June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228; Pub. L. 95–582, § 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97–116, § 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title I, § 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100–525, § 2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103–322, title VI, § 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104–208, div. C, title II, §§ 203(a)–(d), 219, title VI, § 671(a)(1), Sept. 30, 1996, 110 Stat. 3009–565, 3009–566, 3009–574, 3009–720; Pub. L. 106–185, § 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108–458, title V, § 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109–97, title VII, § 796, Nov. 10, 2005, 119 Stat. 2165.)
Hummmmm, wonder how much money theses 500,000 illegals cost the tax payers of NYC and state of NY.. Likely gets a big bunch of $$ from the fed also.
Put this mayor in Federal prison and make an example for others who want sanctuary cities in this country. Immigration is a Federal domain and if states or cities do something to go against this law, then they too should go to a Federal prison. The law is the law.
Poor Big Apple! To have a communist Mayor like this rat is really pathetic.
Heck, why not just round up all the illegals that can be found and release them in NYC
I love Manhattan and used to live there for 25 years.
I hate to see this communist DeBlasio destroying this wonderful exciting city.
Ask Kathryn Steinle. Oh wait, you can’t, she was killed by an illegal in San Francisco.
Sounds like DeBlasio needs to be imprisoned until he learns not to aid in criminal activity.
They will all be voting though.
If Ovomit runs for the President of France, Diblabbermouth should be his VP.
Throw the dumb ass Socialist in federal prison.
GITMO where all Anti US belong .
This prick is aiding criminals and should be arrested asap
Trump promised to stop this so when is he going to prosecute this prick under our laws? By the way he also said he would stop the refugee program now we see he is bringing in 50,000 refugees in 2017 time to hold his feet to the fire, I already emailed him.
That is because NY will vote for any turd with 2 legs , like Ill. and Ca.
Google is paying 97$ per hour! Work for few hours & have longer with friends and family! !dl31c:
On tuesday I got a great new Land Rover Range Rover from having earned $8752 this last four weeks.. Its the most-financialy rewarding I’ve had.. It sounds unbelievable but you wont forgive yourself if you don’t check it
!dl31c:
➽➽
➽➽;➽➽ http://GoogleFinancialCashJobs321ShopNetGetPaid$97/Hour… ★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫★★★✫::::::!dl31c:….,….
TRUMP said “I will shut down Sanctuary cities.” So when is the AG going to take this guy down for breaking our Federal Immigration laws?
what would ya say if they be calling you a radical , a liberal , oh fanatical , criminal
The questions run too deep for such a simple man as DeBlasio.
BIG BIRD NEEDS TO BE PUT IN A CAGE
Yeph and line the cage with copies of NY Times as shit catchers.
Let him eat his own for food.