Tuesday, December 11, 2007

Acambaro Raids

The whole area is talking about the raids on the Acambaro restaurants. In addition to the properties listed in the paper, I can confirm that the newest one in Pea Ridge is closed (the sign says "closed for repairs").

Apparently there were numerous flagrant violations of the law, besides simply crossing the border. Identity theft and fraud are just two of the things that come with this dirty business.

It has been noted more than once that the really big-money employers of illegals appear to be escaping these round-ups. I applaud the enforcement of the law, but of course in order to be just the law must be applied equally.

My sympathy is with the law-abiding business owners who have had to compete against Acambaro on an unlevel playing field. As far as the employees go, we are not sending them to the gallows, or even prison. Just back to their own country, a place many Americans choose to go on vacation.

Besides a desire for equal enforcement against the biggest law-breakers, I do have one serious qualm. It seems the feds have filed an affidavit in support of a complaint for forfeiture of 11 properties owned by the Reyes family. Forfeiture was requested because the properties were purchased "with monies derived from ... the proceeds of conspiracy to commit an offense or defraud the United States, namely identity theft, possession and use of counterfeit identity documents, employment eligibility verification fraud and money laundering." I am very leery about the policy of the government seizing property of accused persons before they have been found guilty by a jury of their peers. The elder Reyes at least, is here legally and I believe it is unconstitutional to take property from an accused person simply based on an affidavit signed by a government official which claims that the government should get all of your property just because they suspect you got the money for it by criminal activity.


Anonymous Anonymous said...

Wow, it's scary that they think they can just take whatever they want. Especially if the senior Reyes was legal.

9:16 AM, December 11, 2007  
Blogger Mark said...

I think seizure is a stick that is going to have to be used BUT once again... USED EQUALLY!

Do you think the Feds would seize and sell a Tyson plant or a Wal-Mart store? I sure don't.

Seizure does require judicial review, the scary part being that it normally requires proof by preponderance of the evidence (ie. more likely than not) while criminal sanctions require beyond a reasonable doubt. Think OJ, acquitted of the criminal charges but found civilly liable.

2:12 PM, December 11, 2007  
Blogger Mark Moore (Moderator) said...

That Mark is not me. Taking property like that equals a punishment. The Constitutional standard is not merely judicial review, but the right to a jury.

4:52 PM, December 14, 2007  

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