Another BP Agent Charged with murder

Cross posted courtesy of The Bear Creek Ledger

Sometimes you hate to be right. In February I had written about this altercation between a BP agent and Mexican illegal aliens which resulted in the death of one illegal alien.

Mama don’t raise your child to become an illegal alien

Unfortunately this ignorant Mother encouraged her children to break the law of the U.S. of America. As a result one of her sons is now dead. Six of the seven illegals were taken into custody and her son decided to fight the Border Patrol. Of course I’m sure the case of Ramos and Compean has emboldened those from Mexico to defy and fight the Border Patrol. This ignorant Mother will probably also sue the BP just like the drug smuggler who was stopped by Ramos and Compean.

The Border Patrol, Department of Homeland Security, Justice Department and most of the politicians pushing for amnesty have created this monster we call illegal aliens. These illegals think they have the same rights as US Citizens and the fore mentioned are complicit in promoting this fallacy.

You can go to the link to read some of the ignorant statements made by the Rivera parents.

On April 23rd, BP Agent Nicholas Corbett was charged with 4 counts of homicide. Unfortunately, if a BP Agent thinks their life is in danger (like an illegal alien is picking up a rock to throw at the Agent) I guess they are supposed to wait until after the illegal alien has thrown the rock at them with the rock hitting them in the head before taking action. Of course by this time, it’s too late! I really wonder what constitutes a “threat” to these District Attorneys? Rock throwing is a common weapon of choice for illegal aliens when encountering the Border Patrol.

From Officer.com

“The evidence shows that at the time he was shot, Mr. Dominguez Rivera presented no threat to agent Corbett and agent Corbett did not act in reasonable apprehension of imminent death or serious physical injury,” the statement says.

A judge will schedule an initial appearance for Corbett likely by the end of the week where conditions of release, including whether bond will be set, will be determined, Rheinheimer said. Then, a preliminary hearing will be scheduled within 20 days, where a judge will decide if there is enough evidence for a trial, and if so, on what charges.

From his home in Cuautla, Morelos, the father of Francisco Dominguez Rivera, Renato Dominguez celebrated the news as the start of a formal process against the Border Patrol agent.

While he had earlier complained at the lack of progress in the investigation, Dominguez Rivera’s father said Monday he is pleased at the news the agent has been charged.

Wonder when we find out that maybe Mexican authorities had access to witnesses or what kind of sweetheart deal has been made with the witnesses and family of Rivera’s. With all the recent BP cases the Mexican families and witnesses were given green cards, medical help along with no charges filed for their criminal activity.

Course the National Border Patrol Council has a different view of this:

The decision is a part of a nationwide pattern of politically motivated prosecutions against Border Patrol agents, said Brandon Judd, vice president of Local 2544, the Arizona Chapter of the National Border Patrol Council.The matching testimony from three witnesses has more to do with their blood ties and influence from the Mexican Consulate than what actually happened, Judd says. He also disagrees with Rheinheimer’s assertion that the physical evidence contradicts Corbett’s
statements.

“I’ve looked over the reports and I have a hard time seeing how they could do it unless of course this was politically motivated,” Judd said Monday.

There is a definite pattern which has been established with the prosecution of BP Agents with Ramos & Compean, Brugman, Hernandez and Sipe. Go here for links to many postings on these Border Patrol Agents.

Other CAII news:

Georgia Colleges Want to Hear From You from GA Crime Watch

The Bastardization of Our Identities from The Peoples Patriot

But illegal immigrants are just here to work! from GA Crime Watch

Damn Those Birds from stikNstein

This was a production of The Coalition Against Illegal Immigration(CAII). If you would like to participate, please go to the above linkto learn more. Afterwards, email stiknstein-at-gmail-dot-com and let usknow at what level you would like to participate.

What's the Matter with California?: How Liberals Won the Hearts of Criminals

California, or Kalleeforneea as the Governer might say, has once again thumbed its nose at the rule of law. On Wednesday, April 25, 2007 in Oakland, CA, the self-proclaimed "City of Refuge", city officials made it clear that they do not support government raids on businesses that hire illegal aliens. They vowed to continue to not assist the federal government's efforts to enforce immigration laws.

This most recent attack on law and order comes as San Fransico's mayor Gavin Newsome, who previously made headlines by ignoring CA's marriage laws, simulating a sex act on a reporter's microphone during an interview,, and having an affair with one of his aide's wife, reaffirmed his city's status as a "sanctuary city" for illegal aliens on Monday, April 23. "I will not allow any of my department heads or anyone associated with this city to cooperate in any way shape or form," Newsom declared. "We are a sanctuary city, make no mistake about it."

Meanwhile, Mexican dug cartels continue their campaign to setup local businesses to launder money and fund campaigns for mayoral and city council seats for the purposes of shaping policies and personnel decisions of local law enforcement. One Los Angeles subrub has become so corrupt that they fired their entire police force.

Richard Valdemar, a retired sergeant with the L.A. County sheriff's, says, "In the typical scenario, a wealthy Mexican immigrant opens a business in a small town. It could be a very nice Mexican restaurant. He's well-dressed, speaks English, seemingly a real gentleman. He gets involved in the community. His business welcomes police officers with discounts. He makes friends with city officials and other businessmen. No one has any idea where his money comes from – the Mexican drug cartels."[1]

Valdemar has sited corruption by Mexican cartels in seven LA county cities: Southgate, Lynwood, Bell, Bell Gardens, Cudahy, Hawaiian Gardens and Huntington Park. He says that once these local businesses are setup and the necessary political connections made, the business owner throws there support behind several political candidates for the purpose of controlling the majority of political offices for his hand picked operatives, a technique these drug cartels perfected in Mexico. Federal and state law enforcement agency have had little success prosecuting corruption in the affected cities because of the wealth and poltical ties of those involved.

As Teddy Roosevelt once said, "by [these policies] we have failed to impress upon the immigrant and upon the native-born as well that they are expected to do justice as well as to receive justice, that they are expected to be heartily and actively and single-mindedly loyal to the flag no less than to benefit by living under it."

This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let us know at what level you would like to participate.

CAII Posts for 4/25/07

Dear God: Please Send Another Teddy Roosevelt by Illegal Aliens Must Go!

Rep Boehner’s Feet Held to the Fire by Bear Creek Ledger

Agents: No confidence in border chief and Illegal Aliens Get Tax Refunds! by the Uncooperative Blogger

Drunken Illegal Immigrant Kills 21 Year Old Student in Car Crash by Double Barreled Opinions

This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let us know at what level you would like to participate.

CAII Posts for 4/23/07

Environmental Destruction on the Border by Stiknstein

Enough Already! by My Country-My View

Greater Threat To America: Illegal Aliens or Osama bin Laden? by Illegal Aliens Must Go

America and Australia swapping asylum seekers by Right Truth

Solving the Illegal Immigration Dilemma by People's Patriot

This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let us know at what level you would like to participate.

If It Bleeds, It Leads

"If it bleeds, it leads," words we have all become familiar with as mainstream media has continued its decline into sensationalism. But, have they finally gone too far? NBC reportedly agonized over releasing portions of Cho Seung-Hui's video and photo manifesto, sent to them just before his rampage at Virginia Tech that ended with the deaths of 32 people began. NBC justified release of the material claiming that viewers sought to understand why someone would do that and that they had a journalistic responsibility to report that aspect of the story. But did they really?

I think to understand why these types of violent rampages are becoming more prevalent in our society the media only needs to look in the mirror. They bring on expert after expert to blame everything from rap music to video games. Yet, they never acknowledge that they single handedly immortalized the Columbine shooters or Timothy McVeigh, both of which tragedies' anniversaries occurred this month.

Evil exists in this world and the capability of evil exists in all of us. Denying that only exacerbates the problem. One only has to look at the German citizenry in the 30's and 40's as they blindly followed Hitler into genocide or at the individuals responsible for terrorism or these school shootings to understand that.

There is a fine line between the sane act and the insane, but it is not the media's job to determine what causes someone to cross that line. It is up to trained investigators and criminal psychologists, not Katie Couric or Anderson Cooper. We don't need the nightly news glorifying the acts of madmen and giving them the credit and publicity that drives their aggression. We only need the experts to quietly study them and then formulate new ways to identify signs that we can look out for that may help us prevent future heinous acts.

Would Cho have gone on this rampage had the mainstream media not immortalized the Columbine shooters? I think it is clear he would not just from the bits of information being released about the NBC video clips. Even more concerning is the rash of copycat threats being made in schools all over the country these past couple days, proof that the publicity Cho is receiving in the media is driving more troubled kids towards the breaking point.

The media defend the growing sensationalistic reporting by pointing to the growing ratings it draws. Just like public executions used to draw huge crowds of gawkers and rubberneckers bring traffic to a crawl in the hopes of seeing carnage in even the smallest of accidents, the publics’ curiosity with death will never go away. It is up to the media to limit their reporting in ethical ways and always with an eye on the negative effects their actions can have.

The media is not likely to return to the ethical reporting of the past willingly. They have tasted the influence they can have on society and aren't going to voluntarily give up that power. Unfortunately, the next time someone snaps they are now more likely to one-up Cho's act and all the mainstream media will leave us with is more questions about why?

CAII Posts for 4/20/07

The Land of the Free by CommonSenseAmerica

United States vs Vargas by GA Crime Watch

This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let us know at what level you would like to participate.

Facts About Illegal Immigrants?

The following “Facts about Illegal Immigrats” appeared in the April 19, 2007 issue of The Modesto Bee newspaper.

“1. They fill important gaps in the labor market: 96 percent are employed, a higher rate than U.S. citizens. They do jobs older and more educated Americans won't.”

The mere idea that there are jobs Americans won’t do is just plain false. The U.S. labor market is based on the principles of free market and supply and demand. When the supply of unskilled labor is lowered because more Americans are becoming educated and moving to higher paying jobs there is supposed to be a natural upward pressure put on employers that encourages them to increase wages in order to attract more “educated” laborers to fill unskilled jobs or to find new means of mechanization in order to eliminate their need.

When there is a free flow of unskilled labor being introduced into the American market from an outside source, such as Mexico, this upward wage pressure is removed. As a result, wages for the unskilled have declined over 8% (according to a recent Harvard University study). This makes it even more difficult for the American poor to find ways to make ends meet.

“2. They are not eligible for welfare or food stamps; only emergency treatment through Medi-Cal.”

This again is false. A 2002 study by the Center for Immigration Studies found that households headed by illegal immigrants cost the federal government more than $1.9 billion in food assistance programs such as food stamps, WIC, and free school lunches. In addition, the study found that illegal alien households created a net fiscal deficit of $10 billion annually for just the federal government.

“3. More than two-thirds have U.S. citizen children. “

This may be an accurate statement, though I have been unable to find any data to confirm it. If anything, this points to more of a problem with our current immigration laws than it does to a reason to maintain the current status quo on immigration.

The immigration law that guarantees citizenship to those born on U.S. soil was not intended as a means to enable immigration into this country. As an ever growing number of American military personal began serving on U.S. bases throughout the world, this law was enacted so that any child of an American citizen born on a military basis outside of this country would still be granted the same citizenship rights as those born inside it.

“4. Pay property taxes by owning homes or paying rent. Immigrants, no matter their status, on average pay $80,000 more in taxes than they use in government services over a lifetime. “

Again, statistical data does not support these claims. In addition to the CIS study that shows that illegal immigrants cost the U.S. government $10 billion more than they contribute, a report by the Heritage Foundation found that low-skilled families cost the government (federal, state, and local) $32,138 each in 2004. In that same year, those same low-skilled families only paid in an average of $9.689.

“5. According to the Social Security Administration, about three-fourths of the undocumented immigrants pay into the system. It holds $420 billion from earnings that will never be claimed. Baby boomers are retiring in droves and unless Americans start having eight-plus kids, we will need immigrants to support the system.”

Again, this statement is drawn from falls facts and assumptions. The IRS reports that 7.9 million W2’s were filed last year with Social Security Numbers that did not match the name. However, they also reported that 1.5 million illegal immigrants filed for new ITINs (individual income identification numbers) last year alone. These ITINs can be used to file an end of year tax return in order to take advantage of various tax credits and refunds. If an illegal is willing to falsify W4 information in order to obtain employment, it’s not a stretch to assume they would also falsify their dependent claims in order to minimize the impact of FICA and Medicare on their pay checks.

“6. Within 10 years, 75 percent of immigrants speak English well. Demand for English classes far exceeds supply; 100 percent of children of immigrants eventually learn English, like myself. They want to learn English so they can vote and defend themselves against xenophobic people and their biased beliefs.”

These numbers appear to be simply made up. All the statistics show a dramatic increase in public school dropout rates where illegal immigrant populations are growing. There is also a massive movement by proponents of illegal immigration to provide bilingual educations and print more and more government documents in both English and Spanish.

In February 2006 the California Legislature released a report about Hispanic students. The report found that Hispanics of Mexican decent accounted for a greater percentage of high school dropouts and teen pregnancy. With more American businesses, the federal government, and public schools moving more and more towards catering to non-English speaking Mexican immigrants, there is less and less of an incentive for them and their children to learn English.

So while I am sure George Medina believes the supposed “facts on illegal immigration” he printed in his paper, the real facts, say otherwise.

This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let us know at what level you would like to participate.

This Week in Illegal Immigration for April 17, 2007

Oklahoma Senate Passes Illegal Immigration Bill
http://www.tulsaworld.com/news/article.aspx?articleID=070417_1_A1_spanc70775
The bill makes it illegal to transport known illegal immigrants within the state. In addition, it requires employers to verify work authorization for all new employees and would make it a crime for an employer to discharge a legal resident while keeping an illegal immigrant in a comparable job.

Anti-illegal Immigration Radio Hosts and Their Listeners Head to Washington
http://www.cnsnews.com/news/viewstory.asp?Page=/Nation/archive/200704/NAT20070416a.html
"Hold Their Feet to the Fire 2007," a four day even sponsored by FAIR (Federation for American Immigration Reform), kicks off Sunday, April 22 in fornt of the White House. The event also includes a fundraiser for Rep. Tom Tancredo. For more information visit http://www.fairus.org/site/PageServer?pagename=feettothefire07

U.S. Election Officials to Monitor City Council Election
http://www.suburbanchicagonews.com/beaconnews/news/343912,2_1_AU17_MONITOR_S1.article The Justice Department will be monitoring the city council election in Carpentersville, IL where debate has reached a boiling point over the proposed Illegal Alien Immigration Relief Act, which seeks to attach penalties to landlords renting to illegal immigrants.

Texas Lawmakers Propose New Immigration Laws
http://www.elpasotimes.com/election/ci_5683240
The Texas House State Affairs Committee heard proposals for a host of new immigration bills. Some call for the defunding of day labor plazas, others would require hospitals and prisons to track illegal immigrants and supply associated cost figures.

Do Illegal Immigrants Pay Taxes?

According to the IRS, approximately 7.9 million W2’s were received last year where the name did not match the social security number. Many pro-amnesty advocates site this number as proof that illegal immigrants pay federal income tax. What they neglect to tell you is that illegal immigrants filing false W4’s are likely to also lie about the number of dependents they can claim in order to lower the amount of taxes deducted from their pay checks and the IRS’s ITIN (Individual Income Tax Number) which allows them to get back the rest by filling a tax return.

Created in 1996, the ITIN allows foreign citizens that do not have a social security number to file end of year tax returns. The IRS issued 1.5 million new ITINs in 2006, a 30% increase over the previous year. To receive a card, all one needs to do is send the IRS a copy of valid identification, such as the Matricula Consular card.

Once an illegal has obtained their ITIN they can use it for a whole host of benefits, the least of which is getting a tax return. For instance, Bank of America accepts them as valid ID when applying for mortgage loans and credit cards. Citibank does the same for credit cards.
Illegal immigrants who do use their ITIN to file a 1040 with the IRS may not be able to get the earned income tax credit, but they will still find a whole host of other benefits such as other tax credits and the ability to claim dependents living in Mexico.

Mortgage Defaults in California Near Decade High

A report released today suggests mortgage loan defaults have reached a ten year high in California.

The first quarter's default level was the highest for the most populous U.S. state since the second quarter of 1997. It came amid a sharp rise in defaults on mortgages held by subprime borrowers, or borrowers with blemished credit, across the United States.

There are likely several factors accounting for the rise in mortgage defaults, such as a stagnent growth in the housing sector and the rising popularity of adjustable rate mortgages. But with the majority of defaults coming from mortgages originated within the last 15 months, the new trend of supplying mortgages to illegal immigrants may be the prime factor.

Just recently major banks, like Bank of America, received a lot of criticism for supplying mortgage loans and credit cards to illegal immigrants.

Voters Want Immigration Laws Enforced

A new poll released by Judicial Watch and conducted by Zogby International seems to indicate that the vast majority of voters on both sides of the isle want our current immigration laws enforced and are opposed to policies that they believe reward illegal alien law breakers.

* Overall, 66% of likely voters believe that more emphasis should be placed on law enforcement when addressing the issue of illegal immigration, including 51.6% of Hispanics and 56.8% of self-described political “liberals.” Only 5% said the emphasis on law enforcement should be diminished, including 3% of Hispanics.

* 79% believe public officials should not use taxpayer funds to operate day laborer sites that help illegal aliens, including 71.9% of Hispanics and 70% of self-described political “liberals.”

* 72% of likely voters believe local law enforcement officers should help enforce federal immigration laws, including 40% of Hispanics and 55% of self-described political “liberals.”

"The American people speak with one voice on the topic of illegal immigration. Virtually every voter demographic – even those supposedly most sympathetic to illegal aliens – want our illegal immigration laws to be strictly enforced,” said Judicial Watch President Tom Fitton. “Overwhelmingly, the American people want local officials to help address illegal immigration through law enforcement, not taxpayer subsidies and ‘sanctuary’ policies."

Despite the overwhelming evidence that illegal immigration costs tax payers far more than estimated and the growing number of polls that continue to show the vast majority of Americans supporting a crack down on illegal immigration our political representatives refuse to consider any alternatives to "comprehensive immigration reform" that do not contain some form of amensty. Of the 4 leading candidates for President in 2008, none offer a strong alternative to the current status quo.

The Death of the American Melting Pot

On October 12, 1915 President Theodore Roosevelt spoke these words, “There is no room in this country for hyphenated Americanism… We must unsparingly condemn any man who holds any other allegiance. But if he is heartily and singly loyal to this Republic, then no matter where he was born, he is just as good an American as anyone else.

The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English- Americans, French-Americans, Scandinavian- Americans, or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality than with the other citizens of the American Republic. The men who do not become Americans and nothing else are hyphenated Americans; and there ought to be no room for them in this country.

The man who calls himself an American citizen and who yet shows by his actions that he is primarily the citizen of a foreign land plays a thoroughly mischievous part in the life of our body politic. He has no place here; and the sooner he returns to the land, to which he feels his real heart-allegiance, the better it will be for every good American.”

Although these words were spoken nearly one hundred years ago, they are more relevant now than they ever have been. The idea of America as a melting pot where all immigrant cultures are amalgamated into one has been replaced by multiculturalism.

Multiculturalism is an ideology that by its very nature seeks to separate people. Proponents of multiculturalism are quick to point out its claims of diversity, but they rarely address the negative affects some of these “diverse” cultural differences can have on society.

Language, possibly the key component of multiculturalism, is one of the primary ways in which the ideology divides people. By encouraging governments and businesses to cater to the native tongues of immigrants it makes it easy for them to find reasons not to learn English. In the past, subsequent generations would learn the English language through the public school system insuring the melting pot would continue taking the best aspects of all of the cultures that make it up. However, we now find the proponents of multiculturalism supporting bilingual education in the public schools. So while other nations of the world have moved to requiring English language courses in schools so that their citizens are better equipped to compete in a growing global economy, the United States is moving in the reverse direction.

Language divisions and multiculturalism have led to major conflicts in other nations. In the mid 1990’s Quebec citizens nearly approved a measure that would have allowed the province to succeed from Canada. In 2004, Theo Van Gogh was shot and killed by a young Moroccan immigrant because of a short film he made questioning the role of women in Muslim society. On November, 2005, immigrant youths in France rioted for days burning cars, buses, government buildings, and schools over what they called job and social discrimination.

So while the word multiculturalism may give westerners a warm fuzzy, it does more to harm immigrants than it does to help them. It keeps them separated from the society as a whole and breeds an atmosphere rife with conflict and misunderstanding. So the next time someone asks you what you are, no matter what your ancestral background, I hope you will answer with the simple truth, you are an American, because that is such a blessed thing to be able to say!

Meet Carlos Slim Helu

Carlos Slim Helu is likely not a name you recognize, but perhaps you should. He recently surpassed Warren Buffet on the Forbes' list of richest men in the world with a networth valued at more than $53.1 billion, second only to Bill Gates.

Helu heads Mexico's largest telecommunications company, considered by many to be a monopoly.

Helu's wealth has ballooned in the last 14 months by more than $23 billion dollars leading one to question just how poor is Mexico?

Mexico's economy is considered to be strong by many financial analysts and their stock market has increased in value by nearly 50% over the last year. According to the CIA World Fact Book Mexico ranks as the world's 13th richest nation, just ahead of Spain. A study by the Pew Hispanic Center also found that illegal immigrants aren't being drawn to the U.S. because of unemployment as most already held similar jobs in Mexico.

Helu has criticized both Buffet and Gates for donating billions or dollars to charity. It is his belief that poverty isn't solved by "going around like Santa Claus."

Citizens Pressure Law Enforcement to Do Its Job

A group of concerned Los Angeles citizens have brought suit against the LA police department on behalf of unnamed law enforcement officers. The purpose of the suit is to get local law enforcement officers to inform federal immigration officials when an illegal alien is arrested on drug charges. Currently, it is violation of LA Police Department policy for officers to inquire about the citizenship status of those arrested despite California's Health and Safety Code which requires them to do so in drug cases.

This is the second such case brought in California in the past few weeks. The prior lawsuit being filed against the San Jose Police Department.

Aiding, Abetting, Harboring, or Encouraging Illegal Aliens is a Felony

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii):

(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.
(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) of this section, 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 violations
In determining whether a violation of subsection (a) of this section 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) of this section 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.