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CALIFORNIA CRAZINESS: CRIMINALIZING GOOD CITIZENSHIP ON BEHALF OF ILLEGAL ALIENS

California is controlled by the progressive socialist democrats who tightly control the governorship and the legislature. Most of those serving are radicals, serving their own ethnic communities for self-serving purposes rather than serving the United States Constitution, the California Constitution, or the citizens of California. Many of these people believe that they are part of some “resistance movement” to counter the activities of President Trump, his administration, and his regulatory and law enforcement agencies.

In what ordered universe, does a state dictate to a private company how they conduct their internal affairs with respect to complying with existing federal law and criminalize any activities that protect the company from charges that they are not complying with federal law and aiding and abetting criminal behavior?

LEGAL-CALIFORNIANS-RIGHTS'

The argument that some illegal aliens should be shielded because they have not committed a crime is specious. Even if one were to ignore the federal misdemeanor regarding first entry (it is a felony to return after deportation), the wise men and women governing California would have us believe that document theft, document fraud, identity theft, forgery, and perjury are not serious crimes if you are an illegal alien – but are willing to send any California citizen to prison for the very same offenses.

One look at Assembly Bill 450, submitted by Democratic Assemblyman David Chiu of San Francisco, is enough to make you wonder who the California legislature is really protecting …

Assembly Bill 450 -- Employment regulation: immigration worksite enforcement actions.

Existing law prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights.

Existing law defines unfair immigration-related practices for these purposes.

Existing law grants the Labor Commissioner access to places of labor and authorizes the commissioner to conduct investigations and prosecute actions in relation to the prescribed duties of the office.

[OCS: The part of existing federal law that they are ignoring and attempting to nullify with their partisan and self-serving nonsense … 

8 U.S. Code § 1324a - Unlawful employment of aliens

(a) Making employment of unauthorized aliens unlawful

(1) In general, t is unlawful for a person or other entity—

(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or (B) (i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).

(2) Continuing employment -- It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.

(3) Defense -- A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.

(b) Employment verification system. The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:

(1) Attestation after examination of documentation (A) In general The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining—

continue reading the rest of the law and the forms of documentation required. ]

This bill would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions.

Except as otherwise provided by federal law, the bill would prohibit an employer from providing a federal immigration enforcement agent access to a place of labor without a properly executed warrant and would prohibit an employer from providing voluntary access to a federal government immigration enforcement agent to the employer’s employee records without a subpoena.

[Amazing! California law enforcement agencies welcome voluntary cooperation and look to many organizations to self-police against potentially illegal behavior. With prosecutors punishing those who have not take reasonable and prudent measures to avoid aiding and abetting criminal activities.

Now, private entities might be held liable if they did not defend against an “improperly” executed warrant.]

The bill would require an employer to provide an employee, and the employee’s representative, a written notice containing specified information, in the language the employer normally uses to communicate employment information, of an immigration worksite enforcement action to be conducted by a federal immigration agency at the employer’s worksite, unless prohibited by federal law.

[OCS: One can only anticipate the absenteeism and disruption to the business should such notices of an impending visit by a law enforcement agency.

The employee’s representative is most likely to be a radical member of an immigrants rights group, the ACLU, or the union SEIU, all of which appear to specialize in coerced settlements from businesses – forcing businesses to settle and pay fines rather than face continued reputational damage in the mainstream media. A media that is only two happy to aid their progressive cohorts in subverting our nation from within.]

The bill would require an employer to provide to an affected employee, and to the employee’s representative, a copy of the written federal immigration agency notice describing the results of an immigration worksite enforcement audit or inspection and written notice of the obligations of the employer and the affected employee arising from the action, as specified.

The bill would prescribe penalties for failure to satisfy requirements and prohibitions of not less than $10,000, and not more than $25,000, for each violation, to be recoverable by the Labor Commissioner.

[OCS: Each employee could serve as a violation, raising penalties to exorbitant levels that are likely to put small businesses under significant financial pressure which could threaten their ability to operate as a going concern.]

The bill would require an employer to notify the Labor Commissioner of a federal government immigration agency immigration worksite enforcement action within 24 hours of receiving notice of the action and, if the employer does not receive advance notice, to immediately notify the Labor Commission upon learning of the action, unless prohibited by federal law.

The bill would authorize the Labor Commissioner, among other things, to provide specified information to employees affected by the action.

[OCS: I can imagine the State of California providing illegal aliens with advance notice of an impending raid, funneling this information to activist/agitator groups to provide media-attention-getting picketing and resistance, and worst of all, using taxpayer’s funds to provide legal assistance to illegal aliens.]

The bill would require an employer to notify the Labor Commissioner before conducting a self-audit or inspection of specified employment eligibility verification forms, and before checking the employee work authorization documents of a current employee, unless prohibited by federal law.

[OCS: This is ludicrous. Delaying a self-audit deprives a company of a voluntary opportunity to comply with the law and to protect its owners, shareholders, and others from grievous harm.]

The bill would prohibit an employer from checking the employment eligibility of a current employee, including conducting a self-audit or inspection of specified employment eligibility verification forms at a time or in a manner not required by specified federal law.

[OCS: Many companies demand tougher vetting of employees than that required by federal law. It would serve legislators right if companies decided to adopt the security procedures used to provide security clearances for federal employees. Of course, this disadvantages the law-abiding citizen seeking employment and provides an advantage to illegal aliens – who should have few rights.]

The bill would prescribe penalties for failure to satisfy requirements and prohibitions of not less than $10,000, and not more than $25,000, for each violation, to be recoverable by the Labor Commissioner.

[OCS: I can foresee the day when a small business in California might decide to move out of the state rather than comply with onerous, nonsensical, and costly progressive nonsense.]

The bill would require the Labor Commissioner, upon a determination that an employee complainant or employee witness is necessary to conduct an investigation or prosecution, as specified, to issue a certification to the employee stating that he or she has submitted a valid complaint and is cooperating in the investigation and prosecution.

<Source: California Legislature>

Progressive nonsense …

The progressive socialist democrats are destroying California from within, much as they seek to destroy America from within. Our country and its exceptional culture may disappear because good men and women did not realize that Russia, China, Cuba, North Korea and other foreign governments were not the real threat – it was corrupt, self-serving American politicians who sold their fellow citizens for the proverbial thirty pieces of silver.

While we recognize and welcome legal immigrants into our communities, states, and nation, we should reject those who are subverting our culture, destroying our safety nets, depleting our resources and are taking over our government, housing, and jobs. Especially those who refuse to assimilate and attempt to replicate the craphole they are fleeing on American soil. Call me a bigot, but other nations that have gone down that path in Europe are ruing the day they fought for open borders and generous welfare payments for low-skilled immigrants and their non-productive extended families.

Bottom line …

California committed suicide the day that the progressive socialist democrats, who control all phases of California government, decided that any business that voluntarily cooperates with federal law enforcement should be sanctioned. Instead of arresting those who aid and abet criminal behavior, California is giving them a pass.

Personally, I would like to see the federal government simply adopt the laws, rules, and regulations for foreign workers as they currently exist in Mexico – where a no tolerance policy can see scofflaws end up in jail.

Once again, Californians are being screwed by their self-serving, hyper-partisan legislature. It is time to stop the gerrymandering of districts to convey special legislative advantages to minorities at the expense of all Californians. It is time to review the actions of certain politicians as a conspiracy to violate the Constitution of the United States and existing law.

We are so screwed.

-- steve


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell


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