Saturday, April 4, 2009

Non-Feasance

Non-feasance happens when someone with a legal or moral obligation refuses to perform that obligation. Immigration and Customs Enforcement (ICE) the federal agency charged with arresting and removing illegal aliens from the United States has adopted a new policy of not arresting and removing illegal aliens. http://washingtontimes.com/news/2009/apr/03/illegal-immigrants-given-work-permits-for-snitchin/

The head of ICE's investigations section, 'Marcy Forman, director of the Immigration and Custom Enforcement (ICE) investigative office, defended the work-permit program to the House Appropriations subcommittee on homeland security, saying it "allows the U.S. government to elicit statements of aliens in our custody" to pursue criminal cases against companies that knowingly employ and mistreat illegal immigrants'.

While that may be true in one sense, it is not true in broad sense. In most criminal cases against employers of illegal aliens, none of the illegal aliens are needed. Once the illegal aliens are arrested, the records of the aliens arrest, indentification, and deporation, are admissible as evidence. Very few of the illegal aliens are needed to testify, as most have no real evidence to present to the court, their records, however, are admissible as evidence.

In the case of Yamato Engines in Washington, few or none of the aliens are needed to testify, much less all of them. From the public record, it appears that Yamato Engines did not follow the laws that regulated hiring and documentation when hiring the illegals. This is dissimilar to a case in Colorado where the company concerned acutally provided counterfeit documents and assistance to aliens they knew were illegal. Basically Marcy Foreman lied to Congress, and for a reason, this is the new amnesty program that will be administered by ICE, an arrest and reward amnesty. Or, at a minimum, encourage illegals to work and not to leave the U.S. before Congress passes an amnesty and ensure that those aliens it does catch are still in the U.S. with work permits.

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