Saturday, May 22, 2004

Progress in RICO

May 20, 2004

--Similar aims in Rohrabacher bill and FILE's LA County suit
--Howard Foster's work on RICO proceeding well

Similar aims in Rohrabacher bill, FILE's LA County suit

Tuesday, Congress failed to pass a bill (H.R. 3722) introduced by Rep. Dana Rohrabacher of California that would have required hospitals to request citizenship, immigration status, and other information from aliens in order to receive funds under the "Undocumented Alien Emergency Medical Assistance" portion of the Medicare Prescription Drug Act.

While the bill failed, Congressman Rohrabacher has done the country a service by bringing attention to the widespread disregard for laws limiting access to non emergency public health care by those illegally in the United States.

The FILE suit currently active in Los Angeles Superior Court would, if successful, compel the county to seek reimbursement from the sponsors of legal immigrants for those same services. Such a ruling, it is hoped, would accomplish by court order essentially what the Rohrabacher bill sought to do, i.e., require public service providers to collect data on all aliens, to keep records, and to make the information available to authorities.

There is a status conference on the FILE suit scheduled for June 8 in Los Angeles. FILE members interested in learning more about this important effort are urged to contact me.

H.R. 3722

Anderson v Los Angeles DHS

Foster having success with RICO application to illegal hiring schemes

Member attorney Howard Foster, Johnson & Bell, Ltd., Chicago, IL, has provided copies of the favorable decisions in two of his recent cases litigating violations under RICO of the INA provisions making it illegal to hire illegal aliens.

Howard is the country's leading litigator in this promising area of the law, and his recent successes are encouraging.

When Congress expanded the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1996 to include certain violations of federal immigration law (chief among them the law against hiring illegal aliens), it handed the American people a powerful law enforcement tool. [Under RICO, an American citizen or law abiding business owner who suffers damages due to the illegal hiring practices of an employer or competitor may bring suit. If found in violation, the employer or competitor is liable for triple damages, attorneys' fees, and costs.]

It was to safeguard this promising enforcement tool and efforts like Foster's that FILE filed the motion to intervene in the New Jersey case, Zavala v Wal-Mart, a case in which the plaintiffs are seeking damages under RICO. In Zavala, the plaintiffs are not the American citizens or law abiding competitors whose wages or profits may have been driven down by Wal-Mart's alleged illegal hiring scheme, the plaintiffs are the illegal aliens arrested in the Wal-Mart raids last year. FILE's motion asks the court to dismiss the plaintiff's RICO claims.


CIS Backgrounder (Micah King)

Craig Nelsen
Friends of Immigration Law Enforcement
310 6th St. 2nd Flr.
Washington, DC 20003
202 543 2323


Post a Comment

<< Home