They should be jailed, denied bail due to the severity of the crime, and tried under the Patriot Act and other federal code for supporting whatever heinous crimes Trump and company blame on undocumented workers. It makes perfect sense.
When multiple defendants are charged in a criminal case, prosecutors seek to indict those involved from the lowest to the highest levels. Good prosecutions see the ringleaders facing the most severe charges supported by the testimony of their subordinates.
United States citizens who employ undocumented workers are at the top of the power pyramid. They pay money for the services of undocumented workers. These employers attract the foreign workers through an illegal job market. As a result, employers need to bear the heaviest charges and penalties for hiring those here illegally.
Why isn’t prosecution of employers the central issue in the campaign against the illegal employment market?
Why aren’t the job market makers bearing the brunt of law enforcement efforts? After all, without them, there would be hardly any undocumented workers.
Does anyone seriously contend that the undocumented would be here without a known job market before the dangerous and costly track across the border?
The following is a summary of Federal law under the INA: ACT 274A – UNLAWFUL EMPLOYMENT OF ALIENS Sec. 274A. [8 U.S.C. 1324a]
“A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
“Assists an illegal alien s/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, 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.” Excerpts from the U.S. legal code referring to hiring illegal aliens. Federal Immigration and Nationality Act
How can employers know that a prospective employee is a legal worker? The federal government lists and presents the qualifying documents. It’s not hard to make this determination (Form I-9 Acceptable Documents). There are even services that search multiple databases to assist employers. There are even services that search multiple databases to assist employers.
Violation of federal law against unlawful employment, INA: Act 274A, can result in monetary penalties ranging from $250 to $5000 per violation. Prison sentences are also available. Employing the Patriot Act should also become part of the prosecution of problem employers. If the crimes are as bad as the right wing insists, then a higher order set of laws and punishments should be available through the Patriot Act.
How can we catch employers who violate employment laws? Undocumented worker seized for deportation should be given the opportunity to name their employer. Once they do, these witnesses can be housed in a civilized setting until they testify against the named employer.
If Trump and Company truly believe that illegal aliens need to be deported on an urgent basis, the other half of the equation, their employers, must be treated with the same urgency and severity of punishment.
In reality …
The entire debate surrounding illegal aliens and the presence of millions of undocumented worker is deliberately skewed against workers. We hear nonstop blathering by Republicans and their fellow travelers, the Alt Right, about the dangers of illegal immigration and aliens. Wouldn’t it be refreshing and very useful for the zealots to tell the truth?
People come to the United States of America to work for three fundamental reasons.
- There is no work or insufficiently compensated work in the country of origin.
- The U.S. has a very real market for the labor and skills of these people.
- This market requires workers to perform jobs that U.S. citizens cannot or will not do.
How about giving the real world labor and market dynamics a chance while making the process more civilized for all involved?