I want to discuss how the Arizona ruling actually enhances states power over illegal immigrants. But first a little background. One of the nations worst organized crime leaders, responsible for many despicable acts never paid for these crimes. But he still died in jail. They took down Al Capone on tax evasion charges.
The ruling from the supreme court basically says, you can’t demand that the federal government do anything. So, if you want to control illegal immigrants you are going to have to pay for it yourself. That is all. Once the states accept this the rest is easy.
Here are some ideas, some of which are cumulative, others are alternatives.
1. Make it a felony to provide false documentation for employment based on the fact that false documentation is a form of tax evasion.(Maybe 2-5 years). Likewise, false documentation for the purpose of housing, education, welfare etc should all be criminal offenses of varying degrees. After all, how can you effectively tax someone that lies about who they are, and what about the tax dollars being consumed under false pretenses?
2. Make it a felony to enter the state to engage in commerce under false pretenses for the purposes of avoiding taxes. (2-5 years)
3. Make it a felony to knowingly hire an illegal alien worker. (5-7 years)
4. Make it an aggravated felony for citizens of another country to provide false documentation for employment and for the purpose of housing, for the purpose of transportation, for the purpose of commerce, etc. Double sentence time.
5. Make it an aggravated felony for repeat offenders. Double sentence.
Arizona has the right to demand documentation. Pass a law requiring the police departments detain foreign nationals for a reasonable period of time until either the federal government begins extradition or until an investigation into the activities of the foreign national can be completed. Apply this to everyone, no documentation no release.
The foreign national has to live somewhere. They have to work somewhere. All you need is to incarcerate them long enough for the police to investigate these incidents. If the don’t live anywhere, and don’t have visible means of support, put them in jail for obstruction of justice.
You do not want to incarcerate job creators. That’s fine. Just tell the employers they have to have some documentation for every employee. If an individual is arrested, and identified as an alien, get a copy of their documents from their employer. The employer will be glad to provide them, in lieu of serving time, unless of course the employer is illegal. But I digress. With the documents in hand you have a felony conviction for fraud for the purpose of tax evasion. This could lead to a 2-5 year sentence, doubled for a foreign national or up to 10 years in prison. 3 years with good behavior (or 18 months if they voluntarily leave the country)
Several key points
1. Keep foreign nationals in jail long enough to hurt their finances. Yes it is harsh, but word will spread fast that it isn’t worth the risk.
2. Arrest and confine employers that don’t get documentation. You are not saying that have to verify the documentation, only get some. Any documentation they have is evidence of fraud on the part of the employee, which is the point. If the employers can’t comply with that, then they are part of the problem.
3. You will have to enforce the tax laws on state residents, US residents and foreign nationals equally. But, US residents and state residents do not pose a flight risk. Where as foreign nationals do, so deny bail to foreign nationals on those grounds. Set high bail for out of state US residents. Low for residents. Tax evasion is the crime, and the laws apply to everyone.
4. The purpose is deterrent. The idea isn’t to have 200,000 incarcerated foreign nationals. The point is to have a few score very visibly incarcerated foreign nationals and a big effort to advertise the risks and how much they out way the benefits.
There is no reason that Arizona can’t eliminate their illegal alien problem, or enforce their borders inspite of the supreme court ruling. They just have to pay for it themselves.