Lawsuits target sanctuary cities for crimes and accidents caused by illegal aliens
Saturday, February 28, 2009
By Jon Christian Ryter
A
provision in a little known law, Section 8 USC 1324[a](1)(A)[iv][b](iii),
the Federal Immigration and Nationality Act of 1952
may come to the aid of two Denver, Colorado women who were injured in
an accident caused by an illegal alien at around 8 p.m. on Sept. 4,
2008 in which three others, including a 3-year old boy, died. Family
members of the deceased should also take note of the 1952 law that might
give them justice when they lose loved ones at the hands of illegal
aliens in what are now being construed as "sanctuary cities"
across the United States. If the family members can't collect damages,
they can at least file criminal charges against the elected officials
who create safe havens for illegals under the guise of political correctness.
A new generation of lawsuits is now challenging the sanctuary policies
of cities, counties and States whose politicians kowtow to big business
interests that want cheap labor from other countries. Sanctuary
lawsuits are now rapidly accelerating because of the still increasing
groundswell of illegal invaders who cross the border like marauding
hordes of bandits intent on conquest.
An
illegal alien from Guatemala, 23-year old Francis Hernandez of
Denver, was speeding erratically south on Havana Street in Aurora. Witnesses
stated that Hernandez, driving a dark-colored Chevy Suburban,
ran a red light at the intersection of Mississippi and South Havana
and slammed into a white Mazda pickup truck that was turning into a
Good Times fast food burger outlet. The impact sent the Mazda
over 100 feet into a Baskin Robbins ice cream shop in the Market Square
Shopping Center, injuring several people and killing a small boy, sitting
at a table waiting for an ice cream cone his mother was buying at the
counter.
One witness to the accident,
Tom Rudy, owner of M&G Discount Liquors, said the Mazda was
so mangled he knew that neither woman in the vehicle could have possibility
survived. Aurora police identified the two women, who died at the scene,
as Patrica Gunthap, 49 of Centennial and Debra Serecku,
51, of Aurora. 
The
only person to die inside the Baskin Robbins was 3-year old Marten
Kudlis. The boy was sitting at a table by the window when the crash
occurred. He was physically thrown from the store with the flying debris
from the impact. His father, Marat Kudlis, who was not with his
family when the accident happened, said they came to Denver from Eastern
Europe to find a safer place to raise their son. Marten's mother
brought her son's favorite stuffed animal to a makeshift memorial at
the Baskin Robbins the following day. Her husband said she has
not spoken a word since the accident.
Aurora
police had previously arrested Hernandez on April 25 and, according
to a Aurora police department spokesman, they notified Immigration
Control & Enforcement [ICE] that they were holding an illegal
from Guatemala. ICE did not pick him up. He was released from custody
at that time and remained in the Denver area. Denver police have also
arrested Hernandez several times, but according to media reports,
Denver police never reported him to ICE.
Among the injured in the
Baskin Robbins ice cream store were Margaret Rains and Haley
Tepe. Both of them have filed a claim for damages against the city
and are planning lawsuits against the City of Denver which had Hernandez
in custody several times but declined to turn him over to ICE for deportation.
It is unclear if Stuart Morse, Rains' lawyer is aware
that Section
8 USC 1324[a](1)(A)[iv][b](iii)of
the Federal Immigration and Nationality Act of 1952 contains
a clause that makes any person, groups of persons, businesses, corporations,
advocacy groups, cities, townships or community leaders that help an
illegal alien, and fail to check the legal status of that person, or
does not detain them if they are in this country illegally, is guilty
of committing a federal felony under the Federal
Immigration and Nationality Act, Section 8 USC 1324[a](1)[iv][b](iii)
themselves.
Any
such person, groups of persons, businesses, corporations, or advocacy
groups will be subject to a fine of $10 thousand per infraction or imprisonment
in a federal penitentiary for not more than five (5) years, or both.
In the case of politicians, the Constitution requires that, first, they
be impeached and removed from office. Then they can be charged with
the offense and imprisoned if convicted.
Civil servants—mayors,
governors, city or town managers or city or county commissioners, Congressmen,
Senators and Presidents—who create sanctuary cities, or States
that provide illegals with forms of identification that can be used
to allow the illegals to be assimilated into our society, will have
committed a felony under the Federal
Immigration and Nationality Act, Section 8 USC 1324[a](1)[iv][b](iii).
The penalties are the same for a mayor, a governor, a Congressman or
Senator. No US citizen—not even the President—is immune from
the laws of this nation.
Citizens like Danielle
Bologna who live in "Sanctuary City" San Francisco generally
file for damages when illegals like Edwin Ramos do them harm.
Bologna filed a claim for damages against San Francisco after
her husband and two sons were shot and killed by an El Salvadorian illegal,
21-year old Edwin Ramos, in a traffic altercation on June 22
last year. Their filings, which do not utilize the weight of the Federal
Immigration and Nationality Act of 1952, Section 8 USC 1324[a](1)[iv][b](iii)
to prove to the local court or record that federal law mandates that
the city and/or State are culpable for anything and everything that
protected illegal aliens do within these specially-protected corridors.
On June 22, 48-year old
Tony Bologna and his two sons, Michael, 20 and Matthew,
16, were gunned down in what police decided was a gang hit. Ramos,
whom police believe belongs to MS-13, shot them because he thought they
were Hispanic. 
The
Bolognas were returning home from a family barbecue in Fairfield
and, for some reason, Tony Bologna had to stop his car on Congdon
St., which reportedly was a street so narrow that his car blocked any
vehicle attempting to pass. The driver who wanted by was Ramos.
Bologna backed his vehicle up to make room for Ramos to
pass. As Ramos drove along side the Bologna vehicle, he
opened fire, killing all three of them. The San Francisco Chronicle
reported that Ramos has a record of assault and attempted robbery
going back to age 17 but juvenile authorities did not turn him over
to ICE for deportation. Federal authorities said deportation orders
were pending on Ramos at the time of the Bologna shootings.(Ramos
was arrested three months before the Bologna shootings, but San
Francisco authorities did not refer him to ICE.) Ramos has pleaded
not guilty to the triple murder which carries the death penalty.
Judicial Watch had
previously filed a lawsuit against San Francisco Police Chief Heather
Fong on behalf of Charles Fonseca. The lawsuit, Fonseca
v Fong, argued that San Francisco and the State of California
must follow State law that obligates police officers to notify federal
authorities when they arrest anyone on a drug charge when it appears
the person arrested is either a legal or illegal alien. The 1st District
Court of Appeal for the State of California reversed a lower court ruling
which stated San Francisco police officers do not have to comply with
the law when they suspect that someone they arrested is a foreign national.
While neither Judicial Watch nor anyone filing claims for compensation
from the city, county or State for harm done to them by illegal aliens
in sanctuary cities has cited the Federal
Immigration and Nationality Act of 1952, Section 8 USC 1324[a](1)[iv][b](iii),
they need to start incorporating this law into their arguments since
this law clearly places the blame on the corporate entities which create
the sanctuaries for illegals.
Jon Christian Ryter is the pseudonym of a former newspaper reporter with the Parkersburg, WV Sentinel. He authored a syndicated newspaper column, Answers From The Bible, from the mid-1970s until 1985. Answers From The Bible was read weekly in many suburban markets in the United States.
Today, Jon is an advertising executive with the Washington Times. His website, www.jonchristianryter.com has helped him establish a network of mid-to senior-level Washington insiders who now provide him with a steady stream of material for use both in his books and in the investigative reports that are found on his website.
E-Mail: BAFFauthor@aol.com
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