Who is the “employer” required to E-verify & I-9 its workers? By :Mark: Sunde HOME PAGE (REVISED 1/30/2012) The United States Statutes, Codes and Regulations, along with DHS document are very clear to those who will take the time to read them. The first clue we get is when the I-9 form is placed in front of us for our signature. Look at the instruction page at section 2 what does it say. Section 2: Employer. For the purpose of completing this form, the term "employer" includes those recruiters and referrers for a fee who are agricultural associations, agricultural employers or farm labor contractors. What does this statement mean to you? “For the purpose of completing this form”

NOTE: the term “includes” is not found in any other definition identifying the employer, it is a word of limitation, it means only that which is listed and nothing else. The next step is to look at is the “Handbook for Employers” written and supplied by the Department of Homeland Security to assist employers and employees in understanding the I-9 form, But who actually reads it? Apparently very few, for 20 years we have had these supplied to us and nobody read them but simply took the word of the attorneys, lawyer, and agencies that deceived us and we believed them swallowing their BS hook, line and sinker. page 33, look it up and Read it! you?

What does it say? What does “Limited class” mean to

If you are still not convinced, here are four more sources defining exactly who the “employer” is for the purpose of E-verify and the I-9 form.

The employer was first defined in the. Migratory Workers Agreement of 1948 Between Mexico and the United States. 62 Stat. 3887; The term “employer” refers to the owner or operator of an agricultural property in the United States or an association of such. [this is the first detail that DHS and ICE must identify before auditing any so called employer for I-9 compliance, Does the employer own or operate any agricultural property in the United States?.] Immigrations Act of 1990, Public Law 101-649 (Act of November 29, 1990), SEC. 521. ELIMINATION OF PAPERWORK REQUIREMENT FOR RECRUITERS AND REFERRERS (a) IN GENERAL- Section 274A(a)(1) (8 U.S.C. 1324a(a)(1)) is amended (1) by striking ‘to hire, or to recruit or refer for a fee, for employment in the United States’, (2) in subparagraph (A), by inserting after ‘(A)’ the following: ‘to hire, or to recruit or refer for a fee, for employment in the United States’, and (3) in subparagraph (B), by inserting after ‘(B)’ the following: ‘(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States’.

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8 USC Sec. 1324a. Unlawful employment of aliens. (a) Making employment of unauthorized aliens unlawful (1) In general It is unlawful for a person or other entity - (A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b) of this section. 8 CFR § 274a.2 Verification of employment eligibility. (a) General. This section establishes requirements and procedures for compliance by persons or entities when hiring, or when recruiting or referring for a fee, or when continuing to employ individuals in the United States. (1) For purposes of complying with section 274A(b) of the Act and this section, all references to recruiters and referrers for a fee are limited to a person or entity who is either an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, Pub. L. 97–470 (29 U.S.C. 1802))

What do you think these terms mean? Look them up in your dictionary. “all,” “references”, “limited”, “either”. IF: As a conjunction used in introducing a conditional sentence or clause, on the condition that, the word is sometimes construed to mean provided; when. The term imports a condition, or contingency; it is used as a sign of condition, expressive of a condition. Black’s Law Dictionary

Reread the above statement in 8 USC Sec. 1324a according to the definition. On the condition that the person or entity is an agricultural association, agricultural employer, or farm labor contractor. Provided that the person or entity is an agricultural association, agricultural employer, or farm labor contractor.

What is the meaning of this phrase that is found throughout the IRCA “recruiters and referrers for a fee” specifically the word “fee” Public Law 88-582 September 7, 1964 Farm Labor Contractor Registration Act of 1963 SEC. 3(c) The term "fee" includes any money or other valuable consideration paid or promised to be paid to a person for services as a farm labor contractor. [Emphasis added.] RCW 19.30.010 Definitions. (7) "Fee" means: (a) Any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by a farm labor contractor. (b) Any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described in subsection (3) of this section, and shall include the difference between any amount received or to be received by him, and the amount paid out by him for or in connection with the rendering of such services.

Translated, this is how it is to be read. recruiters and referrers for any money or other valuable consideration paid or promised to be paid to a person for services as a farm labor contractor. OR to hire, or to recruit or refer for a fee, for employment in the United States’ [CORRECTLY READS] to hire, or to recruit or refer for any money or other valuable consideration paid or promised to be paid to a person for services as a farm labor contractor, for agricultural employment in the United States’

Now look back at section 3 of the I-9 instructions. Section 3 - Updating and Reverification. Employers must complete Section 3 when updating and/or reverifying the I9. Employers must reverify employment eligibility of their employees on or before the expiration date recorded in Section 1. Employers CANNOT specify which document(s) they will accept from an employee. (Translate it below) Section 3 - Updating and Reverification. agricultural association, agricultural employer, or farm labor contractor must complete Section 3 when updating and/or reverifying the I-9. agricultural association, agricultural employer, or farm

labor contractor must reverify Agricultural employment eligibility of their migrant and seasonal agricultural workers on or before the expiration date recorded in Section 1. agricultural association, agricultural employer, or farm labor contractor CANNOT specify which document(s) they will accept from an migrant and seasonal agricultural worker . As you can see using the term “employer” is just good sense for clarity, but “employer” as a word, by itself is to over broad, and we have been tricked into using it in that fashion, (the term “employer” is used as a red herring) we were told that it meant every employer, but as you can see the IRCA use of the term is in a very limited sense and must be read as agricultural association, agricultural employer, or farm labor contractor. Look at the Privacy Act statement also given on the instruction page. (right column). Submission of the information required in this form is voluntary. However, an individual may not begin employment unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the Immigrations Reform and Control Act of 1986. Submission of the information required in this form is voluntary. However, an migrant and seasonal agricultural workers may not begin agricultural employment unless this form is completed, since agricultural association, agricultural employer, or farm labor contractor are subject to civil or criminal penalties if they do not comply with the Immigrations Reform and Control Act of 1986.

Notice the reference in each definition directing you to 29 USC 1802, of the migrant and seasonal agricultural worker protection Act. well what does that say?

Title 29 §1802 clearly identifies several things that you need to pay close attention to. Title 29 §1802 (1) The term “agricultural association” means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (2) The term “agricultural employer” means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. if your business is indeed an employer under IRCA, E-verify and the I-9 form these are the activities you will be involved in and performing. owns a farm owns a gin conditions seed establishment operates a nursery.

owns a ranch owns a packing shed operates a farm operates a cannery

owns a processing establishment owns a nursery operates a ranch operates a gin

owns a cannery produces seed operates a processing operates a packing shed

(6) The term “farm labor contracting activity” means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. If you are involved in any of these activities than you can claim you are an employer under IRCA, the I-9 form and E-verify. recruits migrant agricultural worker employs migrant agricultural worker recruits seasonal agricultural worker employs seasonal agricultural worker

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solicits migrant agricultural worker furnishes migrant agricultural worker solicits seasonal agricultural worker furnishes seasonal agricultural worker

hires migrant agricultural worker transports migrant agricultural worker hires seasonal agricultural worker transports seasonal agricultural worker

(7) The term “farm labor contractor” means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity.

What do employers do? two thing’s that are common to all three is that they. “recruit, solicit, hire, employ furnish, or transport any migrant or seasonal agricultural worker” here is where the “employee” is identified, and it is this employee alone that is qualified to fill out and sign the I-9 form.

The second commonality is this, the “employer” “owns or operates a farm, ranch, processing, establishment, cannery, gin, packing shed, or nursery, or who produces or conditions seed…” this identifies the activities a qualified IRCA employer is performing, The Department of Homeland Security must prove that in any complaint that these activities are being performed by any employer it is auditing for i-9 compliance. However it does not do that, it is not to the advantage of either the DHS or the court to reveal this as they are in business to make money and letting the cat out of the bag will affect how much money they make in a given year, they are reported to have made over $76 million in 2011 alone from fines. This crime is accomplished because the attorneys being officers of the court are accomplices to the theft, they owe their allegiances to the court not to your business. And like the court they are in business to make money regardless of who they injure. (if you do not think this in intentional ! think again.)

Are these the activities of your company? When you enter the administrative court (OCAHO), the presumption is that you are an agricultural employer, the first clue the court has is that you forced your employees to sign the I-9 form, or that you signed on to E-verify, that alone creates a strong presumption that the court will take judicial notice of and will proceed on that bases, your attorney will not interfere with the courts financial gain by rebutting the agricultural employer presumption as their financial future is in direct relation to how many businesses they can together process in a years time. This information is not new, the agencies and attorneys have known this sense the inception of the IRCA and the I-9 form, but have chosen with knowledge and intent to maintain it as a secret, knowing that the American people would not read the law for them selves the secret was easily kept, until now.

Where did the IRCA originate, where does it come from?? (9) Migrant and Seasonal Agricultural Worker Protection Act – 1983 (M.S.P.A.) Public Law 97-470 / 96 Stat. 2583 Title I – Farm Labor Contractors Sec. 106 (a) No farm labor contractor shall recruit, hire, employ, or use, with knowledge , the services of any individual who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment. (b) a farm labor contractor shall be considered to have complied with subsection (a) if the farm labor contractor demonstrates that the farm labor contractor relied in good faith on documentation prescribed by the Secretary, and the farm labor contractor had no reason to believe the individual was an alien referred to in subsection (a). 29 CFR 500.0 (b) These regulations include provisions necessitated by the Immigration Reform and Control Act's (IRCA) amendment to the Immigration and Nationality Act (INA). IRCA amended MSPA to remove section 106 thereof prohibiting the employment of illegal aliens. Matters concerning certificate actions or the assessment of civil money penalties, for a violation of section 106 of MSPA which occurred prior to June 1, 1987, continue through final administrative determination as stated in Sec. 500.147. [the IRCA is nothing more than section 106 of the Migrant and Seasonal Worker Protection Act amended (MSPA).] even though the IRCA has been intentionally renamed and hidden in title 8 by the code reviser, rather than title 29 it is still the MSPA.

Where does your company fit in with the ejusdem generis rule? YOU DECIDE. ejusdem generis: is presumed that a statute will be interpreted so as to be internally consistent. A particular section of the statute shall not be divorced from the rest of the act. The ejusdem generis (Latin for "of the same kind") rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or

inherently unclear. The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated." 49 F. Supp. 846, 859. Thus, in a statute forbidding the concealment on one's person of "pistols, revolvers, derringers, or other dangerous weapons," the term "dangerous weapons" may be construed to comprehend only dangerous weapons of the kind enumerated, i.e., firearms, or perhaps more narrowly still, handguns. Here, the term "dangerous weapons" must be given a meaning of the "same kind" as the word of established meaning. A statute shall not be interpreted so as to be inconsistent with other statutes. Where there is an inconsistency, the judiciary will attempt to provide a harmonious interpretation.

Well!!!! Does your company fit in with those enumerated, as being of the same kind? DID YOU DECIDE? OR DID YOU LET DHS AND ICE DO THE DECIDING FOR YOU? DHS has declared every employer throughout the country to be agricultural employers, you cannot remain silent (silence is acquiescence), it is imperative that you declare who you really are, and challenge DHS’s agricultural declaration of your identity. A strong presumption exists that by submitting to e-verify and demanding signed i-9 forms you are equally liable for all the rules and regulations contained in the Migrant and Seasonal Agricultural Protection Act (MSPA). Demanding I-9 forms and signing on to E-verify is used as evidence that you are a farm labor contractor. You are liable for the entire MSPA not just that part called IRCA. By a strong presumption any and all employees forced to sign the I-9 form have the right to demand full compliance with the entire MSPA by the employer. (signing an I-9 form is a claim to be employed as a migrant or seasonal agricultural worker.) Title 29 USC §1811 Certificate of registration required (a) Persons engaged in any farm labor contracting activity No person shall engage in any farm labor contracting activity, unless such person has a certificate of registration from the Secretary specifying which farm labor contracting activities such person is authorized to perform. [Where is your certificate of registration (form WH-530), what activities are you authorized to perform?] THE EMPLOYEE IS GENERALLY AS POWERLESS AGAINST THE EMPLOYERS, AS THE EMPLOYER IS AGAINST THE GOVERNMENT AGENCY, BUT THE EMPLOYEE, OR JOB APPLICANT CAN FILE LIENS AGAINST COMPANY ASSETS FOR DEPRIVATION OF HIS RIGHT TO WORK, THERE IS LITTLE THE EMPLOYEE CAN DO AGAINST THE GOVERNMENT TO PROTECT HIS RIGHTS, BUT THE EMPLOYER IS VULNERABLE, AND THIS VULNERABILITY SHOULD BE EXPLOITED TO THE MAXIMUM EFFECT BY THE WORKERS, THEIR FUTURE RIGHT TO WORK AND EARN A LIVING IS ON THE LINE. (b) Hire, employ, or use of any individual to perform farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violations A farm labor contractor shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm labor contractor employer, which authorizes the activity for which such individual is hired, employed, or used. The farm labor contractor shall be held responsible for violations of this chapter or any regulation under this chapter by any employee regardless of whether the employee possesses a certificate of registration based on the contractor's certificate of registration. [where are the certificates of registration issued to your employees? Where is the DHS or DOL document authorizing the specific activities of your employees? YOU THE EMPLOYER ALONE ARE RESPONSIBLE UNDER THIS CHAPTER.]

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THERE IS A STRONG PRESUMPTION THAT WITHOUT A SIGNED WH-530 FORM SIGNED AND SUBMITTED TO THE DEPARTMENT OF LABOR BY BOTH THE EMPLOYER AND EMPLOYEE IN HAND THE DHS HAS NO AUTHORITY TO COMMENCE ANY ACTION AGAINST ANY EMPLOYER. THE WH-530 FORM IS THE ONLY EVIDENCE VOLUNTARILY SUBMITTED BY EITHER THE EMPLOYER OR EMPLOYEE THAT CAN REASONABLY BE RELIED UPON TO MAKE A PRESUMPTION OF AGRICULTURAL LIABILITY. (c) Possession and exhibition of certificate Each registered farm labor contractor and registered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registration and, upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee. [OK where is it? Employees who have signed I-9 under threat, duress , intimidation, etc, etc,. should shove the MSPA down the throat of every employer. as an employer your use of E-verify and I-9 forms , places you in the center of a possible conflict between the DHS and your employees, think it is bad now, it could get much worse with the additional compliance required by the MSPA.]

Is your local sheriff signed on to E-verify? Does he require I-9s from all his deputies? Next time you get stopped, file a law suit, demand that the sheriff bring into court and file into evidence, on the record, all relevant E-verify applications, WH-530 forms, certificates of registration, etc and the officers I-9 forms. (all deputies I-9 forms, establish the record.) Now that you have identified the sheriffs office as an agricultural employer and his deputies as migrant and seasonal agricultural workers. Demand their authority under MSPA to carry deadly weapons NOT associated with agricultural labor on the public highways, and to operate NON-agricultural equipment upon which Blue Lights and Sirens have been attached, demand the identity and location of the county farm (the only location they are allowed to engage in labor activities under MSPA). USE YOUR IMAGINATION HAVE FUN AND GOOD HUNTING. THERE IS A STRONG PRESUMPTION THAT THE MSPA / IRCA IS THE SUPERIOR AND DOMINANT EMPLOYMENT CONTRACT IN AMERICA TODAY, ALL OTHER EMPLOYMENT CONTRACTS HAVE BEEN FORCED TO SURRENDER TO ITS SUPERIOR POSITION. Sec. 1821. Information and recordkeeping requirements (a) Written disclosure requirements imposed upon recruiters Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain and disclose in writing to each such worker who is recruited for employment the following information at the time of the worker's recruitment: (1) the place of employment; (2) the wage rates to be paid; (3) the crops and kinds of activities on which the worker may be employed; (4) the period of employment; (5) the transportation, housing, and any other employee benefit to be provided, if any, and any costs to be charged for each of them; (6) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; (7) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers; and (8) whether State workers' compensation insurance is provided, and, if so, the name of the State workers' compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. [have you complied with all the written disclosure requirements? What I am showing here is only a small part of the MSPA, but it all applies to you by your involvement with E-verify and the I—9 form.]

29 USC §1851. Criminal sanctions (a) Violations of chapter or regulations Any person who willfully and knowingly violates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. (b) Violations of section 1324a(a) of title 8 If a farm labor contractor who commits a violation of paragraph (1) or (2) of section 1324a(a) of title 8 has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both.

Beware business, be on NOTICE, your full compliance with 1324a of the IRCA, E-verify and I-9 makes you also liable for all the criminal sanctions under the MSPA. there is a strong presumption that E-verify and the I-9 form have made the MSPA the dominant business and employment law in America. Which applies to all employers and business that have signed on to E-verify, use E-verify or demand I-9 forms from their employees.

Who by definition is an employee qualified to sign the I-9 form? Migrant and seasonal agricultural worker definition 29 USC 1802 (8)(A) Except as provided in subparagraph (B), the term "migrant agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence. 29 USC Sec. 1802 (10)(A) Except as provided in subparagraph (B), the term "seasonal agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence - (i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations; or (ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation

Notice there are very specific jobs and activities that an employee must be performing to qualify as an employee for e-verify and the I-9 form, those activities are as follows. By a strong presumption if your employees are not involved in the listed activities than his I-9 form is fraudulent. employed on a farm: employed on a ranch: performing field work related to planting: performing field work related to cultivating: performing field work related to harvesting operations: employed in canning: employed in packing: employed in ginning: employed in seed conditioning: employed in related research: employed in processing operations: transported, or caused to be transported to or from the place of employment by means of a day-haul operation:

You will find the legal definitions of the I-9 form at 29 CFR 502 in pre-1995 editions. 29 CFR 502.2 Definitions pertaining solely to a reportable worker employed in seasonal agricultural services. (i) Form I-9 is an INS Form, Employment Eligibility Verification (EEV), which reflects the requirements established under section 274A(9)(b) of INA requiring employers to examine documents which establish the identity and employment eligibility of individuals hired since November 6, 1986. The EEV information must be recorded on an INS Form I-9 and be made available for inspection by INS and/or DOL representatives

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29 CFR 502.1 Purpose and scope. (d) Any person who hires any worker must complete the Employment Eligibility Verification Form (INS Form I-9). Any resident alien who is identified with an Alien Registration Number (''A'' number) in either the A90000000 or A090000000 series on the I-9 Form (including any replenishment agricultural worker, who is identified by an INS Alien Registration Number beginning with either A94 or A094 and followed by any six digits within the specific range of 399501 to 500000) and who is employed in seasonal agricultural services, is an employee subject to this part (termed ''reportable worker''). Employers cannot reliably determine whether such an employee is a special agricultural worker since employees cannot be required to document such status to anyone other than INS (see 8 CFR 274a.2 (b)(v) 29 CFR 502.10 Requirements for reporting and employing a reportable worker in seasonal agricultural services. Effective beginning October 1, 1988, any person employing a reportable worker in seasonal agricultural services shall do the following: (a) Identify reportable worker(s). (1) When completing the I-9 at the time of hiring (or reviewing a State Employment Service certificate), identify any reportable worker subject to these regulations. A reportable worker is identified as a worker with an INS Alien Registration Number in either the A90000000 or A090000000 series employed in seasonal agricultural services. THIS IS THE PURPOSE OF THE I-9 FORM AND E-VERIFY, ITS STATED PURPOSE IS TO REPORT REPORTABLE WORKERS EMPLOYED IN SEASONAL AGRICULTURAL SERVICES TO FEDERAL GOVERNMENT, DHS AND ITS PREDECESSOR THE INS APPLIED IT TO ALL WORKERS ACROSS THE BOARD WITHOUT REGARD TO THE ACTUAL CONGRESSIONAL INTENT OF THE LAW. ALL POLICE OFFICERS, HOSPITAL WORKERS, CONSTRUCTION WORKERS, GOVERNMENT EMPLOYEES, INDUSTRIAL WORKERS, TEACHERS, AND THE LIST GOES ON, ARE ALL BEING REPORTED TO THE FEDERAL GOVERNMENT THROUGH E-VERIFY AND THE I-9 FORMS AS THOUGH THEY WERE REPORTABLE WORKERS EMPLOYED IN SEASONAL AGRICULTURAL SERVICES, THE GOVERNMENT AND ADMINISTRATIVE COURTS STAND ON THAT PRESUMPTION UNTIL THAT PRESUMPTION IS REBUTTED, AND FOR OVER 20 YEARS NO ONE HAS REBUTTED THAT INCORRECT PRESUMPTION, AS A RESULT THERE HAVE BEEN HEAVY FINES AND JAIL TERMS IMPOSED UPON COMPANY’S ACROSS AMERICA, FOR NOT DOING WHAT THEY DID NOT HAVE TO DO. TO QUALIFY FOR E-VERIFY AND THE I-9 FORM A WORKER MUST ENTER HIS /HER A-NUMBER ON THE FORM, AND THAT NUMBER MUST BE WITHIN THE SPECIFIED SERIES A90000000 OR A090000000 OR A94 OR A094 FOLLOWED BY ANY SIX DIGITS WITHIN THE SPECIFIC RANGE OF 399501 -5000000. THERE IS A STRONG PRESUMPTION THAT AN I-9 FORM SUBMITTED WITHOUT THE CORRECT A-NUMBER IS AN INCOMPLETE AND FRAUDULENT I-9 FORM. 29 CFR 502.12 Reporting to the Federal Government. (b) A report must be filed with respect to any reportable worker (worker having an INS Alien Registration Number (''A Number'') in either the A90000000 or A090000000 series) who is employed in seasonal agricultural services for one or more work-days at any time during the quarter reported. The Alien Registration Number is furnished by the resident alien when the Form I-9 is completed at the time of hiring (or by a State Employment Service Agency on the certification of employment eligibility verification furnished the employer when referring an employee for agricultural employment OMB standard form 83 states that the I-9 form is an application for benefits. (It is stipulated that the benefits and their effect on the employee remain secret and undisclosed. All benefits are by presumption limited to agriculture.) There is a strong presumption that the acronym “I-9” was derived from the following. The letter “I” originates from the first letter of the word Immigrations. The number “9” originates from the A number identifying reportable workers employed in seasonal agricultural services, A9000..., A09000... the number 9 being the common denominator and the first number in the series. (I cannot find any proof to verify my statement above, so do not quote it as a fact, until there is proof found in government documents.)

Check out Congresses new “Legal Workforce Act, HR-2885” There are 2 sections in the Act where it clearly refers to agricultural employment, but you must read it for your self and come to your own conclusions.

SECTION ONE, SECTION TWO,

SHORT TITLE EEV PROCESS

AS YOU CAN SEE THERE IS NO OTHER STYLE OF LABOR IMPLICATED, THAT THIS ACT CAN BE FORCED UPON, Who told you, you were an employer for purposes of IRCA? Where is the official order from DHS or the State identifying your employees as migrant and seasonal agricultural workers demanding you I-9 them? SO BY WHAT AUTHORITY DO YOU I-9? Where is the official order from DHS or the State identifying you as an agricultural employer required to comply with E-verify? Did DHS or the state identify the agricultural property you are presumed to own or operate in the United States? Did it identify the agricultural activities you are presumed to be performing?

THERE MUST BE AN ORDER BEFORE THERE CAN BE A VIOLATION!! The entity demanding I-9 /E-verify compliance must issue an order, and determination identifying the iRCA / MSPA jurisdiction, and the method of how the entity arrived at applying jurisdiction to your business, there must be clear identification of the activities your business is performing that lead the entity to believe your business was involved in the agricultural activities identified in 29 USC 1802.

HAVE YOUR ATTORNEY WRITE A LETTER TO EITHER DHS THE STATE OR BOTH DEMANDING AN OFFICIAL DETERMINATION. Have you received an official Order to comply? By either DHS or the State? If you do not have an official order identifying you as an agricultural “employer” under IRCA than you most likely imposed the conditions on your self. When ICE makes application to a judge for a warrant to search for I-9 compliance it must include in the application the applicable jurisdiction, and determination of agricultural employment or the judge is personally and professionally liable for issuing a fraudulent warrant. Proof of both jurisdiction and agricultural employment must also be stated on the face of the warrant. DEMAND IT.

I HOPE THIS WILL HELP YOU UNDERSTAND THE IRCA, AND PROVIDE YOU WITH THE INFORMATION YOU NEED TO FIGHT ANY CHARGES THE DHS OR STATE TRIES TO IMPOSE ON YOUR BUSINESS.

PLEASE:

DO YOUR OWN HOMEWORK, CHECK OUT MY FACTS AND SOURCES, DON’T BELIEVE WHAT I TELL YOU UNTIL YOU HAVE PROVED IT TO YOURSELF.

This information is intended only to provide you with sources of information to assist in your own research, NOT as legal advise, you can get that from your attorney.

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