Proposed Escondido Ordinance For Addressing Illegal Immigrant Overcrowded Housing
The draft Escondido ordinance is now ready for consideration by the City Council:
http://civics.robroy.cc/Item100406-13a.pdf
The meeting will take place on October 4th at the 7 pm session.
The ordinance makes it illegal for dwelling owners to "harbor" illegal aliens in Escondido. Dwelling owners can lose their business license for violating the prohibition. Further violations can result in fines and harsher penalties.
Definition from Black's Law Dictionary, 7th Edition:
harboring, n. The act of affording lodging, shelter, or refuge to a person, esp. a criminal or illegal alien.
Federal law renders it unlawful to habor illegal aliens, with enhanced penalties if the harboring "was done for the purpose of commercial advantage or private financial gain."
8 U.S.C. 1324(a)(1)(A)
Section 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who -
. . .
(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.
http://civics.robroy.cc/Item100406-13a.pdf
The meeting will take place on October 4th at the 7 pm session.
The ordinance makes it illegal for dwelling owners to "harbor" illegal aliens in Escondido. Dwelling owners can lose their business license for violating the prohibition. Further violations can result in fines and harsher penalties.
Definition from Black's Law Dictionary, 7th Edition:
harboring, n. The act of affording lodging, shelter, or refuge to a person, esp. a criminal or illegal alien.
Federal law renders it unlawful to habor illegal aliens, with enhanced penalties if the harboring "was done for the purpose of commercial advantage or private financial gain."
8 U.S.C. 1324(a)(1)(A)
Section 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who -
. . .
(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.
posted by Robroy at 11:28 PM
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