form I-9 question employee verification

[justalayman]

I choose limited speech.

I sure wish you would choose that here.

 

[justalayman]

read the I-9 form, on what so-called acceptable ID is when filling out a new I-9, to show immigration status.

I have. Your point?

 

[justalayman]

and as we know, i am a proven non-immigrant. Get it?
.

Irrelevant. You are required to fill out the employee section of the I-9 and the employer is required to actually see the documents required even if you have a letter from the POTUS, the SCOTUS, the Chairman of the Joint Chiefs of Staff and from each of the Secretaries of the Cabinet as well as God, Jesus, Mohammed, and Buddha attesting to your immigration status.

Get it?

 

[justalayman]

(Unless the second job is from Trolls, Inc., in which case I say Dillon is due a huge raise.)

I believe it was Trolls Я Us. Not affiliated with Trolls, Inc. or Toys Я Us or Three Billy Goats Gruff Industries.

 

[Shadowbunny]

Is it just me, or does anyone else think of the movie "Idiocracy" whenever Dillon posts?

 

[eerelations]

Is it just me, or does anyone else think of the movie "Idiocracy" whenever Dillon posts?

I think of a lot of things whenever Dillon posts, most of which I'd get banned for reproducing here.

 

[Proserpina]

I think of a lot of things whenever Dillon posts, most of which I'd get banned for reproducing here.

I would like to "like" this post at least eleventy twelve gazillion times.

(I would, except I still haven't figured out how to "like" stuff again. Long story. Le poo!)

 

[TheGeekess]

I would like to "like" this post at least eleventy twelve gazillion times.

(I would, except I still haven't figured out how to "like" stuff again. Long story. Le poo!)

Liked for you.

AdBlock. Srsly.

 

[mmmagique]

Liked for you.

AdBlock. Srsly.

Or Opera. I use Opera and can like and quote and everything!

 

[Dillon]

Irrelevant. You are required to fill out the employee section of the I-9 and the employer is required to actually see the documents required even if you have a letter from the POTUS, the SCOTUS, the Chairman of the Joint Chiefs of Staff and from each of the Secretaries of the Cabinet as well as God, Jesus, Mohammed, and Buddha attesting to your immigration status.

Get it?

What the Gov. can't to directly, it can't do indirectly. Get it.

Since, the Gov. can't require me to fill-out I-9's directly (because it has no criminal probable cause to believe I'm an illegal alien), it can't make me fill-out I-9's indirectly by its (proxy) this employer.

I have nothing to do with illegal aliens, so this law doesn't apply to me.
(I am not an immgrant/alien, get it?) it's not my problem.

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The Immigration and Nationality Act (INA) sets forth the conditions for the temporary and permanent employment of (aliens) in the United States.

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony:

assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. (Aliens and employers) violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

 

[justalayman]

Dillon;3115375]What the Gov. can't to directly, it can't do indirectly. Get it.

really? It seems to have effectively voided sections of the US Constitution through the issuing of the Patriot Act and the NDFA 2012.

Since, the Gov. can't require me to fill-out I-9's directly, it can't require me to fill-out i-9's indirectly by its (proxy) this employer, you think?

You are right. It cannot make you fill out the form but it can penalize the employer if they do not require you to fill out the form. Due to that, the employer is not going to hire you if you do not fill out the form. So, it is pretty simple: if you want the job, you will fill out the form. If you don't want the job, don't fill it out. Either way it makes no difference to me. Personally I would hope you get a job working 100 hours/ week. That would give you less time to post rubbish on this forum.

 

[Dillon]

really? It seems to have effectively voided sections of the us constitution through the issuing of the patriot act and the ndfa 2012.

You are right. It cannot make you fill out the form but it can penalize the employer if they do not require you to fill out the form. Due to that, the employer is not going to hire you if you do not fill out the form. So, it is pretty simple: if you want the job, you will fill out the form. If you don't want the job, don't fill it out. Either way it makes no difference to me. Personally i would hope you get a job working 100 hours/ week. That would give you less time to post rubbish on this forum.

gov cant penalize me indirectly thru this company, i am not an alien am I?

i charge employers 5k to fill out affimative defenses for them on gov. Forms, that between the employer and gov. that's not my burden, You know...

If you read the act, the i-9 is considered an an affirmative defence in court...

Nobody, has any evidence i'm illegally in the u.s. So that is considered prima facie evidence in any court, i'm not breaking this law.

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An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. Affirmative defenses work to limit or excuse a defendant's liability even if the plaintiff's claim is proven, based on facts outside those claimed by the plaintiff.

An affirmative defense must be timely pleaded by the defendan/employer in order for the court to consider it, or else it is considered waived by the defendant's failure to assert it. Because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, generally the party pleading an affirmative defense (the I-9) has the burden of proof on that defense/employer.

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so, Gov requires this employer to prove it and (me by signing an I-9) are not breaking this law, and there is no case filed, yet. that's weird !

why would the Gov. want to shift it's burden of proof on to the employer and me?

that clearly the Goverment's burden in any court action. that's weird?

its not prove your innocent, but I'm innocent till proven guilty by trial, go figure

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so, the Gov is getting this employer to required me prove i am not an illegal alien thereby shifting the Government's burden to me before any court action. (that's not very nice)

I don't wavie any rights in court by signing an I-9, do I?

maybe I sign the I-9, all rights reserved, reserving my right to not prove anything.

When I sign any document, all rights reserved or without prejudice it becomes inadmissable in any court, so this employer cant use this I-9 in court, anyway... that's weird.

 

[OHRoadwarrior]

Dillon, do they release you on the weekend?

 

[justalayman]

i charge employers 5k to fill out affimative defenses for them on gov. Forms, that between the employer and gov. You know...

You go ahead and tell the former employer that.

If you read the act, the i-9 is considered an an affirmative defence in court...

affirmative defense to what?

Nobody, has any evidence i'm illegally in the u.s. So that is considered prima facie evidence in any court, i'm not breaking this law.

Breaking what law? I thought this was about you filling out the I-9.




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so, the Gov is getting this employer to required me prove i am not an illegal alien thereby shifting the Government burden to me before any court action.

No, they aren't. All they are doing is requiring the employer have he employee fill out their portion of the form and they fill in the rest.

When I sign any document, all rights reserved or without prejudice it becomes inadmissable in any court, so this employer cant use this I-9 in court, anyway... that's weird.

I have no idea what you are talking about but your statement is wrong. Whatever you believe would be "reserving rights" or singing it without prejudice is meaningless but you go ahead and do that if it makes you feel better.

 

[Dillon]

You go ahead and tell the former employer that.

affirmative defense to what?

AN I-9 IS AN AFFIRMATIVE DEFENSE FOR THE EMPLOYER TO USE IN A COURT CASE, WHERE THEIR EMPLOYEE IS CHARGE AS AN ILLEGAL ALIEN WORKING IN THE US AND THEY KNOWINGLY HIRED THEM.

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also by me signing any I-9 form with the phase. WITHOUT PREJUDICE

WITHOUT PREJUDICE MEANS: Without abandonment of a claim, privilege, or right, and without implying an admission of liability.

(1) When used in a document or letter, without prejudice means that what is signed by a person (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedent. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not whether the words without prejudice were used.


so there is no reason for me to fill-out any Form I-9, that is signed w/o prejudice by me, as the gov can't legally use it against the employer or me in any court case...

the courts have ruled what is unreasonable is also unnecessary.