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ACTION ALERT

FIRST 2008 NATIONAL MUSTER BEGINS TOMORROW

MINUTEMEN START
30 DAY MUSTER THIS WEEKEND

Thursday, March 27, 2008

By Chris Simcox
President
MinutemanHQ

"Coyotes" and drug smugglers are increasing the violence on our borders and against our hard-pressed U.S. Border Patrol, in order to achieve the criminal objectives of their ruthless organizations. There is no sign of our government fulfilling its duty to defend our borders, as detailed in Article 4 Section 4 of the Constitution.

In an effort to protect our country, Minuteman volunteers will hold the first 2008 national border muster from 28 March through 31 April in Arizona, Texas, California, and Washington state. Starting this weekend, MCDC volunteers will be on the border to support the BP during one of the busiest times of the year.

We will assist BP in deterring drug cartels and criminal syndicates from violating our sovereignty and endangering our citizens. These lawbreakers travel back and forth between the U.S. and Mexico undeterred, daily, with the new illegal entrants hoping that our next president will grant amnesty to 40 million illegal aliens, not just 12 or 20 million.

YOU can make the difference in securing America, by helping us to do the job our government refuses to do! Please ACT NOW to support MCDC border watch operations that will ensure these over-worked Border Patrol agents don't sacrifice for our nation and our families in vain.

Select Here to Donate to the Border Operations Support Fund

Wayward Washington politicians want us to believe that "virtual" fencing can secure our nation's borders, but we all know that only boots on the ground and a physical border security fence will truly make the difference. We will use this April muster to show Washington that no matter how many times Homeland Security Chief Chertoff chooses to appear before their committees and praise Boeing's hopelessly flawed and inadequate Project 28 technology, our borders will still be left unsecured UNTIL THE PROMISED FEDERAL BORDER FENCE IS BUILT.

Knowing the direction illegal entrants travel into the United States DOES NOT prevent them from violating our sovereign borders, committing criminal acts, and harming our families.

Rock throwing, Molotov cocktails, gunfire and killing BP agents with trucks, as we saw with the savage attack against Agent Luis Aguilar, has become routine. Within the last month, Border Patrol has also found fishing line and rope strung from border barriers to other objects, used in an attempt to decapitate their agents patrolling on all-terrain vehicles.

The reluctance by the federal government to secure our borders properly and enforce immigration laws is exacerbating a worsening situation of criminal cartel border incursions, rampant drug, sex and "coyote" migrant-trafficking and increasing violence—and this crisis will only deepen with Washington's refusal to secure our porous border for yet another year. We need a border fence, we need the National Guard back on duty, and we need them NOW.

U.S. Border Patrol agents continue to serve under increasingly dangerous conditions, as they receive mere lip service from Washington lawmakers, who just last month stripped $3 Billion of border security funding from the budget of the Homeland Security Department. Current federal policies intensify already deep concerns that our broken borders serve as an open pathway to a growing illegal alien migrant invasion—among whom are concealed God-only-knows how many potential terrorists and violent criminal cartel "soldiers."

Help us continue to succeed in protecting your families and securing our nation's borders.

Select Here to Donate to the Border Operations Support Fund

Our Minuteman volunteers will use MCDC-provided, third generation night vision goggles, thermal cameras and mounted Eye-in-the-Sky technology in high illegal-traffic locations to assist in spotting and reporting illegal incursions into American territory. Minutemen volunteers from around their country will travel far and wide, contribute their personal resources to join us in the desert—all in the name of love of country—and demonstrate citizen appreciation for the difficult work conducted by overworked and under-supported U.S. Border Patrol agents.

We used much of this technology already this year during the January and February musters, where many of us spent nearly 60 hours in the Altar Valley of Arizona enduring near freezing temperatures. Fortunately, our efforts have not been in vain.

In February alone, 60 volunteers brought credit upon the MCDC organization by conducting 3 more life saving rescues. They also spotted 120 illegal entrants in our sector, but Border Patrol was only able to apprehended 18 of them—another reason we need to have the National Guard posted back on the border.

These weekend musters have saved lives and earned us the respect of the hard-pressed men and women of the U.S. Border Patrol rank-and-file. The updated results of the Minuteman Civil Defense Corps border watch for illegal alien activities are:

    1. Border Sightings – over 31,000

    2. Confirmed with U.S. Border Patrol – 13,834 alien intruder apprehensions from 26 foreign countries

    3. Rescues – 313 saved from dying in the desert

    4. Five 30-day operations in five states totaling 750 days on Watch

    5. Seventy-two monthly weekend operations totaling 230 days on Watch

    6. 1008 total days of Minutemen on Watch at the border

    7. 100 local chapters created in 50 states

    8. Minutemen on rolling Watch in local communities 365 days a year 24x7

    9. Defeating Amnesty Legislation in Washington, DC

    10. Leading the Charge: Making the Illegal Alien Invasion and Border Security a National Issue

You can make the difference by helping us to do the job our government refuses to do! Please ACT NOW so we can continue to deploy volunteer patriots and use technology to help in the security of our porous borders—to help ensure our embattled Border Patrol agents don't sacrifice for our nation and our families in vain.

Select Here to Donate to the Border Operations Support Fund

If patriotic Americans like you don't take action—QUICKLY—the liberal Congress in Washington will ERASE OUR BORDERS and vote for AMNESTY this YEAR, instead of SECURING OUR BORDERS and funding the promised BORDER FENCE!

Today, our call goes out to YOU and your fellow countrymen to protect and defend YOUR America. It is YOUR nation, YOUR community, YOUR neighborhood and YOUR wallet that is bearing the burdens of the illegal alien invasion…

WE MUST HAVE VOLUNTEERS AND FINANCIAL RESOURCES NOW! MCDC is CALLING ALL VOLUNTEERS and loyal Minuteman SUPPORTERS in the colonial tradition of the Minutemen, to SERVE in person, or DONATE money and materials to HELP PROTECT AND DEFEND OUR NATION. Thank you to all volunteers who at their own expense monitor the borders, and to those who respond by doing one or more of the following:

    1) If you are a registered volunteer and cannot go to the border, or if you just want to send your financial support to our Minutemen at the border.
    Select Here to Donate to the Border Operations Support Fund

    2) If you want to be a Registered 2008 Minuteman and get your ID card. Select HereTo Become a Real Border Security Minuteman!!!

    3) See Details for 2008 Border Muster Operations locations and schedules. Select Herefor Details on 2008 Minuteman Corps Border Musters

YOU can make a REAL DIFFERENCE! For your sake, for the sake of your children, your grandchildren, and for generations to come, please help MCDC continue its fight to protect and preserve the United States of America and defend our Constitution.

Please ACT NOW so we can secure the borders and deter people from entering out country in this illegal manner, thereby reducing the need for humanitarian aid or hospital stays at the expense of U.S. taxpayers, AND TO REDUCE THE VIOLENCE AND CRIMINALITY THAT FOLLOWS IN THE WAKE OF THIS LAWLESSNESS.

Select Here to Donate to the Border Operations Support Fund

Before year's end, thousands of more thugs, terrorists, and international drug cartel "soldiers" will harm our citizens unless we build a physical border fence and put the National Guard back on our Southern border.

IT IS THE RESPONSIBILITY OF OUR LAWMAKERS TO KEEP THEIR OATH OF OFFICE, PROTECT AND DEFEND AMERICA FROM ALL ENEMIES!

Your support can make the difference by helping us to do the job our government refuses to do! Thank you.

Sincerely for these United States,
Chris Simcox, President
Minuteman Civil Defense Corps

Carmen Mercer, Vice President
Minuteman Civil Defense Corps
Director, Minuteman Fence Project

NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed prior interest in receiving this information for non-profit research and educational purposes only. For further information please refer to: http://www.law.cornell.edu/uscode/17/107.shtml

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Arizona Revised Statute – The Arizona Fair and Legal Employment Act

23-211. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state.

2. "Basic pilot program" means the basic employment verification pilot program as jointly administered by the United States department of homeland security and the social security administration or its successor program.

3. "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and employer.

4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more individuals who perform employment services in this state. Employer includes this state, any political subdivision of this state and self-employed persons.

5. "Intentionally" has the same meaning prescribed in section 13-105.

6. "Knowingly employ an unauthorized alien" means the actions described in 8 United States Code section 1324a. This term shall be interpreted consistently with 8 United States Code section 1324a and any applicable federal rules and regulations.

7. "License":

(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.

(b) Includes:

(i) Articles of incorporation under title 10.

(ii) A certificate of partnership, a partnership registration or articles of organization under title 29.

(iii) A grant of authority issued under title 10, chapter 15.

(iv) Any transaction privilege tax license.

(c) Does not include:

(i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles.

(ii) Any professional license.

8. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).

23-212. Employment of unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense

A. An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.

B. On receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien or knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.

C. If, after an investigation, the attorney general or county attorney determines that the complaint is not frivolous:

1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien.

2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien.

3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D if the complaint was originally filed with the attorney general.

D. An action for a violation of subsection A shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is employed. The county attorney shall not bring an action against any employer for any violation of subsection A that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is employed by the employer after an action has been brought for a violation of subsection A.

E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

F. On a finding of a violation of subsection A:

1. For a first violation during a three year period that is a knowing violation of subsection A, the court:

(a) Shall order the employer to terminate the employment of all unauthorized aliens.

(b) Shall order the employer to be subject to a three year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.

(c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.

(d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

(i) The number of unauthorized aliens employed by the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from the violation.

(iv) Whether the employer made good faith efforts to comply with any applicable requirements.

(v) The duration of the violation.

(vi) The role of the directors, officers or principals of the employer in the violation.

(vii) Any other factors the court deems appropriate.

2. For a first violation during a five year period that is an intentional violation of subsection A, the court shall:

(a) Order the employer to terminate the employment of all unauthorized aliens.

(b) Order the employer to be subject to a five year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.

(c) Order the appropriate agencies to suspend all licenses, described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

(i) The number of unauthorized aliens employed by the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from the violation.

(iv) Whether the employer made good faith efforts to comply with any applicable requirements.

(v) The duration of the violation.

(vi) The role of the directors, officers or principals of the employer in the violation.

(vii) Any other factors the court deems appropriate.

(d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.

3. For a second violation of subsection A during the period of probation, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.

G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F and shall maintain a database of the employers who have a first violation of subsection A and make the court orders available on the attorney general's website.

H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).

I. For the purposes of this section, proof of verifying the employment authorization of an employee through the basic pilot program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.

J. For the purposes of this section, an employer who establishes that it has complied in good faith with the requirements of 8 United States Code section 1324b establishes an affirmative defense that the employer did not intentionally or knowingly employ an unauthorized alien.

 

23-213. Employer actions; federal or state law compliance

This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law.

23-214. Verification of employment eligibility; basic pilot program

After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the basic pilot program.


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