https://web.archive.org/web/2009021....us/departments/da/da_LEGAL DEFENSE FUND.html
Story is this...Weld County Colo...found out that illegals were using false ss# to get tax refunds.
So of course the ACLU sided with the illegals to fight this injustice.
They are suing the local district attorney & sheriff for enforcing the law.
So to offset taxpayer funds, t-shirts are being sold. Cash or checks only.
Baba,
The core problem of illegals breaking the law is a valid problem and like you, when done, I want them weeded out and kicked out. On that effort, I would applaud the local law enforcement for being aggressive but in their zeal they may have opened the door for the ACLU to squeeze in on.
The ACLU complaint alleges the search of her records was illegal, was conducted way beyond the scope of its intent, and was conducted like a fishing expedition, exposing the confidential information of thousands of Amalia’s clients.
http://www.fortcollinsnow.com/article/20090128/NEWS/901289976/1062&ParentProfile=1054&title=ACLU%20Sues%20Weld%20DA%20and%20Sheriff
If even one of those people are completely innocent and had nothing whatsoever to do with any of this other than maybe unknowingly picking the wrong tax preparer, then the sheriff and the DA do have a problem. And this could in fact be the case.
Deputies searched Amalia’s business last October after they learned a man suspected of possessing a stolen Social Security number had filed his taxes there and that many other suspected illegal immigrants also used her services. They sought records from 2006-07, but according to the lawsuit, ended up sifting through as many as 4,900 people’s files dating back to 2000.
But according to the article, this is where it becomes problematic
Prosecutors allege as many as 1,338 defendants used false or stolen Social Security numbers to work in Weld County, then obtained tax returns with Amalia’s help
The Weld DA and Sheriff alledge 1,338 defendant but they sifted through 4,900 peoples tax returns. Even more complexing this is the fact that Social Security numbers, ITIN numbers and tax returns are the exclusive jurisdiction of the Federal Gov't via the IRS. Even in the article linked it stated the following:
According to IRS regulations, Amalia’s Tax Service was following the law.
Look, I know this stinks and I've got my own opinions as to what to do to these people (illegals committing fraud and crimes) but in this day and age you can't say or print those things so there you go!
I'm just scared if you guys keep going, you'll let the gov't then dicatate what I think too!
That said, Weld County may have in fact overreached in their zeal (maybe honest zeal) but over reaching zeal none the less. This is what opened the door for the ACLU and of course, in they came. People love to berate the ACLU as some sport and my wife works in law so I berate all lawyers and most often right to their faces. I'm not real popular at office parties. But that said just consider this for a moment.
Weld District Court Judge James Hartmann had concerns early on in the case, noting the privacy issues involved in attaching the defendants’ tax records to their court files, which are considered open for public inspection. Buck solved that concern by seeking grand jury reviews of the cases in private, which would be followed by further arrest warrants.
Shannon Lyons, a Greeley attorney who is listed as a plaintiff’s attorney on the lawsuit, said the main point of the lawsuit is privacy.
“The important thing is, it isn’t about immigration, and it’s not about identity theft. It’s about the right to privacy,” Lyons said. “Do people have a right to be secure in knowing they can go to an accountant or bookkeeper and have their taxes processed and think they’re complying with federal and state laws by filing taxes” without fear of their records being searched?
“The argument is, nobody’s records are safe if Number Games is a valid operation. ... If this is legal, then every accountant, every doctor, every lawyer, their office is subject to search.”
There's the rub and just how far are we willing to let this go, even in a case like this? We've come to accept that the State at it's own decision and discretion can come and go and do anything it literally wants to do at any time. Talk with people who lived in early Hitler's Germany and a compelling case was made about certain elements in their society and thus early gov't efforts of localizing and seperating certain persons from larger society made complete and perfect sense to them. It was all so logical to justify in their minds but then again, gov't had control of the bully pulpit. But looking back today, those same people openly admit that what ultimately happened was not what they ever had in mind or imagined would happen.
There's an old saying of 2 wrongs don't make a right. I applaud the efforts of this local law enforcement to get these guys but they in fact may have overstepped on this one I'm sad to say. They should have used other investigative means, although admittingly slower and requiring more detailed work but now the money they will expend to defend their shortcutting might have gone a lot farther being used to pay investigators to look into this matter. Also where are the local citizens who either hire these illegals or know people who do and aren't coming forward in some manner to help local law enforcement expunge these elements from their area? Maybe had local citizens done this, giving law enforcement leads that allow them grounds of probable cause to stand on, Weld County might not be having this problem to begin with. Instead of blaming the ACLU for everything, why not turn that finger of blame back on yourselves! If you don't want a nation of gov't drones but a nation of citizens who believe in individual responsibilty, then take responsibility with other ctizens and start fighting back!
You want a starter? Identify all businesses that hire illegals and make it public and then
suggest people refuse to do business with them until they correct the problem and can prove their employees are in full compliance of the law. No force, no coercion, just make the facts known to the larger public and then let them make a choice. You might even start with this tax preparer service for example which anybody with a brain should already be gone.
Buy the T-Shirt but how does that solve the root problem?
