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From The Mailbag

20 years

Lawsuits target sanctuary cities for crimes
and accidents caused by illegal aliens
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