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ACLU Forces Town To Accept Illegal Aliens

From a wildly cheering Associated Press:

[AP photo and caption:] Two Hispanic girls look at a reflection of a patriotic mural in Fremont, Neb., Wednesday, July 21, 2010.

Neb. town may halt immigration law to save money

By Margery A. Beck, Associated Press Writer

July 27, 2010

OMAHA, Neb. – Faced with expensive legal challenges, officials in the eastern Nebraska town of Fremont are considering suspending a voter-approved ban on hiring or renting property to illegal immigrants until the lawsuits are resolved.

The City Council narrowly rejected the ban in 2008, prompting supports to gather enough signatures for the ballot measure. The ordinance, which was approved by voters last month, has divided the community, with supporters saying it was necessary to make up for what they see as lax federal law enforcement and opponents arguing that it could fuel discrimination.

But the council’s president, Scott Getzschman, insisted the elected body was concerned about money, not about any lack of support for the ordinance. The City Council is scheduled to vote on suspending the ban on Tuesday night, a day before the city goes to court over the measure.

The city faces lawsuits from the American Civil Liberties Union and the Mexican American Legal Defense & Educational Fund. City officials have estimated that Fremont’s costs of implementing the ordinance — including legal fees, employee overtime and improved computer software — would average $1 million a year.

In other words, once again the expressed will of the people is being thwarted by a nuisance lawsuit from the ACLU, which is a tax exempt 501c3 “charity.”

Why is this allowed to continue? Why are we, as taxpayers, supporting this activity?

Getzschman said it’s not clear how much money the city would save by suspending enforcement of the ordinance

Could lawsuits from the lobbyists for the drug dealers and prostitutes make the city fathers do away with the laws that cover them to save money?

Getzschman insisted the council is trying to act in the city’s best interests and limit legal costs, even if the savings are small

"It just boils down to the fact that the restraining order and injunction is imminent," Getzschman said. "And as a city of Fremont, we’re looking at ways of reducing costs." …

Fremont could save a lot of money if they stopped enforcing all of their laws. So why stop with immigration?

The ACLU and the Mexican American Legal Defense & Education Fund say the Fremont ordinance amounts to discrimination.

It would require employers to use a federal online system that checks whether a person is permitted to work in the U.S.

It also would require people seeking to rent property to apply for a $5 permit at City Hall. Those who said they were citizens would receive a permit and would not have to provide documents proving their legal status. Those who said they weren’t citizens would receive permits, but their legal status would be checked. If they’re found to be in the country illegally and are unable to resolve their status, they would be forced to leave the property.

Landlords who knowingly rent to illegal immigrants could be subject to $100 fines.

The Fremont law ‘discriminates’ against people who are living in this country illegally and those who help them? That is the only "discrimination" involved.

And isn’t that the point of criminal laws? To ‘discriminate’ against people who are committing a crime?

Amy Miller, legal director of ACLU Nebraska, said suspending the ordinance would ensure her clients wouldn’t be harmed and could help heal some of the division in the city over the issue.

"If the City Council decides to stop the law from going into effect themselves, that would be a step in the right direction," Miller said.

It sounds like Ms. Miller is admitting that her “clients” are in this country illegally. If so, she and the ACLU of Nebraska are violating their tax exempt status, which prohibits 501c3 ‘charities’ from engaging in or encouraging others to engage in illegal activity.

From the guidelines of the Internal Revenue Service:

J. ACTIVITIES THAT ARE ILLEGAL OR CONTRARY TO PUBLIC POLICY

1. Introduction

Exempt purposes may generally be equated with the public good, and violations of law are the antithesis of the public good. Therefore, the conduct of such activities may be a bar to exemption. Factors that have to be considered in determining the effect of illegal activities on an organization’s qualification for exemption are the paragraph of IRC 501(c) under which the organization is exempt or is applying for exemption, and the nature and extent of the illegal activities engaged in by the organization.

2. IRC 501(c)(3) and IRC 501(c)(4) Organizations

A. Charity Law

Exemption recognized under IRC 501(c)(3) is unique in that, unlike exemption under other paragraphs of IRC 501(c), it is grounded in charity law, so that denial of exemption under IRC 501(c)(3) may be based on charity law.

(1) Substantiality Test

Violation of constitutionally valid laws is inconsistent with exemption under IRC 501(c)(3). As a matter of trust law, one of the main sources of the general law of charity, planned activities that violate laws are not in furtherance of a charitable purpose. "A trust cannot be created for a purpose which is illegal. The purpose is illegal … if the trust tends to induce the commission of crime or if the accomplishment of the purpose is otherwise against public policy…. Where a policy is articulated in a statute making certain conduct a criminal offense, then …, a trust is illegal if its performance involves such criminal conduct, or if it tends to encourage such conduct." IV Scott on Trusts Section 377 (3d ed. 1967). Thus, all charitable trusts (and by implication all charitable organizations, regardless of their form) are subject to the requirement that their purpose may not be illegal or contrary to public policy. Rev. Rul. 71-447, 1971-2 C.B. 230; Restatement (Second) of Trusts, Section 377, Comment c (1959). Moreover by conducting criminal activities, an organization increases the burden of government and thus thwarts a well recognized charitable goal, i.e., relief of the burdens of government.

Reg. 1.501(c)(3)-1(c)(1) states that an organization will not be regarded as operated "exclusively" for IRC 501(c)(3) purposes if more than an insubstantial part of its activities is not in furtherance of an exempt purpose. The presence of a single non-charitable purpose, if substantial in nature, will destroy the exemption regardless of the number or importance of truly charitable purposes. Better Business Bureau v. United States, 326 U.S. 279 (1945). Therefore, if an organization engages in illegal acts that are a substantial part of its activities, it does not qualify for exemption under IRC 501(c)(3).

And this:

(4) Planning Illegal Acts

Not only is the actual conduct of illegal activities inconsistent with exemption, but the planning and sponsoring of such activities are also incompatible with charity and social welfare. Rev. Rul. 75-384 holds that an organization formed to promote world peace that planned and sponsored protest demonstrations at which members were urged to commit acts of civil disobedience did not qualify for IRC 501(c)(3) or (4) exemption. G.C.M. 36153, dated January 31, 1975, states that because planning and sponsoring illegal acts are in themselves inconsistent with charity and social welfare it is not necessary to determine whether illegal acts were, in fact, committed in connection with the resulting demonstrations or whether such a determination can be made prior to conviction of an accused. However, it is necessary to establish that the planning and sponsorship are attributable to the organization, if exemption is to be denied or revoked on this ground.

In fact, a public minded citizen can even earn monetary rewards from the government by reporting such violations of the IRS code. Again from the IRS website:

Where Do You Report Suspected Tax Fraud Activity?

If you suspect or know of an individual or company that is not complying with the tax laws, you may report this activity by completing Form 3949-A. You may fill out Form 3949-A online, print it and mail it to:

Internal Revenue Service
Fresno, CA 93888

If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:

* Name and address of the person you are reporting
* The taxpayer identification number (social security number for an individual or employer identification number for a business)
* A brief description of the alleged violation, including how you became aware of or obtained the information
* The years involved
* The estimated dollar amount of any unreported income
* Your name, address and daytime telephone number

Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential. You may also be entitled to a reward.

And, of course, someone should also notify Mr. Holder’s (Social) Justice Department, since the ACLU is obviously frustrating the uniform application of our federal immigration laws by harboring illegal aliens.

This article was posted by Steve on Tuesday, July 27th, 2010. Comments are currently closed.

7 Responses to “ACLU Forces Town To Accept Illegal Aliens”

  1. heykev says:

    Would love to see the ACLU stripped of it’s tax exempt status. It’s a shame that no lawyers would bring a suit against them.

    After all, since being here illegally is a crime (note to ACLU. Not a lawyer, but this is easy. Illegal Aliens means by definition that they are committing a crime) Since the ACLU is once again aiding and abetting criminal activity, I am sure once they do Eric Holder, the IRS and others will make sure they finally pay for their unamerican activities.

    Am also sure Ruth Bader Ginsburg would have no problem with this even though according to Wickpedia: “she was a volunteer lawyer for the American Civil Liberties Union and was a member of its board of directors and one of its general counsel in the 1970s…Ginsburg has also been an advocate for using foreign law and norms to shape U.S. law in judicial opinions.” See nothing there that would cause her to recuse herself if it ever went to the Supreme Court.

  2. Right of the People says:

    The only good thing about this whole mess is it identifies the wets who need to be captured and deported. Problem is ICE won’t get involved because of Herr Secretary Napolitano and her, “Illegal aliens aren’t illegal” mindset.

    The locals could round them all up and deposit them in ICE’s lap and they’d have to do something but it sounds like the ACLU (All Criminals Love Us) would throw a hissy and ICE would just end up letting them go.

  3. actor111 says:

    Did you REALLY expect anything different from the ACLU?

  4. fallingpianos says:

    The ACLU and the Mexican American Legal Defense & Education Fund say the Fremont ordinance amounts to discrimination.

    This whole “discrimination” schtick is wearing thin. Discrimination happens every day. In fact, when I had breakfast this morning, I discriminated against the creamer and put hot cocoa mix into my coffee instead.

    I’m sure I’ll hear from Nestlé’s attorneys any day now.

  5. bousquem says:

    The ACLU has gone even deeper into the kool-aid pool as of late, they were at the point where sunlight just barely reached their level but now they’ve gone even further down. It’s one thing if a law says you can’t rent to a woman or a certain race when they are a citizen or legal alien. These illegal criminal border jumpers should be prevented housing. When ever you have a major pest infestation, you help solve it by getting rid of where they are living. I’m sure if a town said that it was illegal to rent to white people or christians, or heterosexuals then the ACLU would be defending the town. It seems like it is only discrimination if it goes against the liberal dogma and ideas.

  6. Tater Salad says:

    Believe this or not what I have written below (copied from an e-mail friend of mine) but this is what I believe what is going on with the Marxist Obama administration:

    Fact 1: Communism, Socialism, Progressivism, Obamunism, …it’s all the same…and it’s HERE!

    Fact 2: BALKANIZATON is the strategy….this is the basis and the tactic of the Arizona lawsuit waged by Obama (google Balkanization) Illegal Immigration is not about votes. It’s not

    About getting the Mexican vote…it’s about destabilizing the southwest, and it’s about overthrowing the govt. BHO is using Mexicans as his pawns…it’s about BALKANIZATION! Wonder

    why BHO is going after ARIZONA for forcing a federal law that the homeland security head (Janet Neapolitan) asked for the same thing when she was governor!

    FACT 3: Obama stated, “he’s going to FUNDAMENTALLY CHANGE AMERICA” …he means he is over throwing the govt! He took over our banks, our auto dealers, our health

    Care, our financial system… NEXT STOP…DICTATORSHIP!”

    FACT 4 : We are in STAGE FIVE of MAP (MOVEMENT ADVANCEMENT OF POLICIES) of the Stages of Social Movement Success… THE BAD NEWS ABOUT STAGE 5 IS THIS –

    It is the stage of PERCEPTION OF FAILURE – we’re tired, discouraged, feel powerless, sense of failure). This is where we feel naught at all the work we’ve done. THIS

    IS WHERE THE OPPOSITION (SEE FACT 1) expects us to get violent (they are egging it on with LABELS OF RACISM). THIS IS A VERY DANGEROUS STAGE….this is WHERE

    WE WIN OR LOOSE THE WAR…. WE MUST NOT GET VIOLENT AT ALL… THAT IS WHAT THEY EXPECT! THEY KNOW WE ARE WINNING…they stated it in the NETROOTS meeting

    Where they all met in VEGAS and discussed the forward movement…. VAN JONES (YES, the VAN JONES) stated that they’ve fought for years to get this far…and they don’t

    Want to go backward” WE MUST KEEP THE PEACE… STAY THE COURSE…KEEP EDUCATING!!! KEEP TALKING CALMLY AND RATIONALLY…share the facts OR THE REPUBLIC
    WILL BE OVER! MARK MY WORDS…they will INSTALL MARSHALL LAW…and you DO NOT WANT ME TO SEND YOU ALL THE LINKS I HAVE THAT THEY HAVE PLANNED ALREADY
    FOR THAT!!!!

  7. Tater Salad says:

    (continued):

    FACT 5: The GOOD news about STAGE 5 is this….if we DO NOT PERCEIVE WE ARE LOOSING… IF WE STAY THE PEACEFUL COURSE…WE DO NOT GIVE UP… WE MOVE TO

    STAGE 6 — WHICH IS MAJORITY PUBLIC OPINION…. What does that mean… that means that the MAJORITY WILL MOVE TO OUR SIDE….if we don’t keep the peaceful

    Calm track…we will NOT MOVE INTO MAJORITY PUBLIC OPINION….if we MOVE INTO MAJORITY PUBLIC OPINION… we move to stage 7 ….SUCCESS!!! DOES THIS MAKE SENSE?

    FACT 6: We can win…we will win….we must win… as Churchill said…NEVER, NEVER, NEVER GIVE UP… NEVER! We can’t! We must have AWARENESS, COURAGE AND FAITH IN THE LORD

    And we can get thru this…but it won’t be by sticking your head in the sand and by not start talking about what is going on in our country!!!

    FACT 7: This is NOT POLITICS! THIS IS NOT A SPECTATOR SPORT anymore…THIS IS A fight for your freedom …you’re either with these people in Congress and

    The White House or you are not! NO STANDING ON THE SIDELINES…. Us conservatives have already done that….that’s why we are where we are now (me included).

    It is time to turn to the left…and drag them to the right…it is time to look around….and GET OUT OF YOUR COMFORT ZONE….cause if we DON’T…I can promise you the

    Future will be nothing COMFORTABLE!!!

    We have to win this one….or the lights go out… for America…then the world! PLEASE READ BELOW…. IF YOU WANT THE TRUTH…Where I got a lot of this… PLEASE PASS ON!


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