Thursday, June 26, 2008

Will Prosecutors Seek the Death Penalty in Day Laborer Death?

On Wednesday morning a day laborer fell and was impaled on a wooden privacy fence and died. The man was hired by a company being contracted to paint a home in Kansas City.

Police have not released the identity of the man. If the day laborer was an illegal immigrant, as many are, there could be grave consequences for his employer.

8 USC Section 1324 calls for any person who "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" or "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" and "the offense was done for the purpose of commercial advantage or private financial gain" and "during and in relation to which the person causes serious bodily injury to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and in the case of a violation... 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."

Maybe you didn't catch that. The law states that if you hire an illegal alien and that alien dies while working for you, you can be punished by death. Yes, death.

Not only do prosecutors have an obligation to punish this employer for committing a crime for the purposes of gaining a commercial advantage, but they have a duty to seek the death penalty or life in prison as the law states. Let this employer serve as an example to others who would seek to violate the laws of our land!

Oh, by the way, the law also states that if anyone "aids or abets the commission of any of the preceding acts" they face the same penalties. We certainly hope for their case that the homeowners didn't know their contractor was using illegal alien labor, if in fact he was.

UPDATE: Tonyskansascity is reporting that the day laborer was a patron of the Westside CAN Center. We don't have to tell you what that implies. We reiterate our calls for prosecutors to seek the death penalty in this case.


Bull E. Vard said...

As Thoreau wrote, "If the law is unjust, break the law". If this law is to be prosecuted in this manner, it would surely be unjust. The U.S. had better be ready to fire up the old execution machines thousands of times because, immigration isn't going to stop and employing those without the proper papers are going to continue to get work. Every once in a while those dudes are going to die in an ACCIDENT, have fun killing all of the manual labor employers in the country. Hope it's worth it to you so you don't have to be inconvenienced by someone speaking Spanish near you.

Ed said...

Hi there bull re-tard!

Have you read the news today?

"A top member of a Phoenix police union is standing by reports that at least one of the men involved in a Monday morning home invasion and homicide was an active member in the Mexican Army."


Is this the kind of immigration you forsee? If so, looks like we'll have to get those evil, sadistic execution machines warmed up.

"Hope it's worth it to you so you don't have to be inconvenienced by someone speaking Spanish near you."

You're such an idiot. Try playing the race card on your own kind. That's all you sickos care about is how fast you can judge and throw out a race card at someone.

Never mind that people are dying and laws are being broken by the illegals in this country. You just want to scour the Internet for someone you can throw a race card at and then prop your goody-two-shoe ass up on a pedestal for all your lib-friends to admire and worship.

Go screw yourself you socialist.

Bull E. Vard said...

Ed, I don't really care what you call me except for socialist. I don't mean to advertise my site, The KC Beer Blog, but I'm sure you can't find one instance of me advocating any bit of socialist propoganda. Not only that but in my Shared Items on the left hand panel, is a paen to free market thinking. So whatever you think of me, do NOT think of me as a socialist.

In fact not only am I NOT a socialist, you're the one advocating for government control, not only with imposing sanctions or prison, but using the power of the state to kill a small business owner and a property owner for entering into a private contract. It sure smacks of a little bit more socialism than I am advocating (which is none in case you weren't paying attention).

Ed said...

My bad. Your an anarchist. Laws are only there to be broken, right? Anarchy is the henchman used by socialists to bring communism to power.

I personally don't feel the death penalty is warranted in this particular case, but if our laws were actually being observed, this guy wouldn't have died - right?

You socialists... er, I mean anarchists... like to use the common tactic of the Left that says those who want our laws enforced are really closet-racists.

Hence your comment about speaking Spanish.

Is it wrong to enforce our laws?

Carry on...

James said...

Bull-e-vard, you're a socialist and you know it ;)

Seriously though, illegal immigrant labor a free market principle? I don't think so.

subsidy - a form of financial assistance paid to a business or economic sector. A subsidy can be used to support businesses that might otherwise fail, or to encourage activities that would otherwise not take place.

You claim to be a supporter of free markets, but supporting illegal immigrant labor goes against everything Austrian economics teaches about free markets. "A view, held by Austrian economists and other free-marketers, is that subsidies do, in general, more harm than good by distorting economic signals"

I get that you’re in an industry that relies heavily on illegal immigrant labor to keep back of the house costs artificially low, but let’s be real. If you have to pay a legal US citizen $2 or $3 more an hour to get them to staff the kitchen, is that really going to drive your costs up that much? So you will have to charge and extra 25 cents per entree, not really a deal breaker.

Personally, I am tired of fellow businesses owners thinking it’s okay to ignore the law because it gives them a business advantage. What if I want to open a bar. Would it be okay for me to break into the boulevard brewery and steal a several cases so I can sell them in my store for less than everyone else? That is exactly what restaurant owners, contractors, hotels, meat packers, and yuppie farmers are doing when they hire below market illegal labor.

In the meat packing industry illegal labor has caused the average wage to fall from $18/hr to $8/hr in just under a decade. Throw in cost of living and inflation and those figures become more distorted. Yet, are you paying significantly less for beef than you did back then? Nope, you’re paying more and a bunch of business owners are padding their profits at the expense of legal workers.

In Iowa a Kosher meat packing plant was recently raided. 700 illegal immigrants were discovered working there. But, that's not the bad part. The bad part is the owners of the plant were treating them like indentured servants, giving them poor and unsafe working conditions, forcing sexual favors, beating them, and worse. The pictures coming out of this plant are disgusting and would make anyone sympathetic to these workers. Yet, not one person from the plant has been charged with a crime. The owners and management claim they didn't know they were illegal. But conveniently, the illegal workers all had orange hard hats and all the legal had yellow.

8 USC 1324 is in place to protect the immigrants as well as legal workers in the US.

Do I seriously believe federal prosecutors will seek the death penalty? Of course not. But if they did just once, or if they went for life imprisonment, then that would serve as a stern example of what can happen when you willing break our employment laws.

The owner of the painting company didn’t even give the day laborer decent pair of shoes, just said get to work. Only another worker saw he was not safely equipped and took off to buy him a new pair at his own expense. Unfortunately, he arrived too late with the new shoes.

8 USC 1324 makes trafficking, transporting, and hiring an illegal alien, or conspiring to do any of the above a felony. When someone dies in the commission of a felony, felony murder rules automatically come into play. This employer committed felony murder and should be punished accordingly.

You say it’s a bad law, that certainly is a valid debatable issue. As such, you should be working to change it, not breaking it. If the people agree, you should have no problems getting the law changed, but you know as well as I, where the people stand on hiring illegal immigrant labor.

Bull E. Vard said...

The law is the distortion and not the de facto subsidy. If the US decided to make an easy entry for 5 million immigrants instead of the paltry amount currently, then the immigrants would feel free to work above board and receive the same worker rights as native borns.

The law is what is creating the abuse by putting the Mexican labor in the black market. Open up immigration and we don't have these "problems".

James said...

"Open up immigration and we don't have these "problems"."

That's true. Which is why I support increased limits/quotas and not guest worker programs. As legal citizens immigrants will demand higher wages, but as long as employers are willing to break the law, and the fed is unwilling to punish the employers, their will be an incentive to violate immigration law because it's easier than coming the right and legal way.

The law in this case is good, it's the immigration quota law that is bad. Work to change those limits. Contact your congressmen, etc., but don't break other laws just because you are to lazy to work within the system.