This is a rebuttal to Brian's rant on his blog. I respectfully disagree with his take on this story.
To summarize, an illegal immigrant came to the US from Guatemala, scrimped and saved for 11 years working as a dishwasher, then was taking his $59,000 savings home in cash for his family. He got caught, and now the US Government doesn't want to give his money back.
Brian holds the opinion that this fellow earned his money and the government is evil to withhold it. I disagree.
Here's my take on the situation:
He's illegal. That makes him a criminal by definition. He committed a crime coming across the border, and then continuously for 11 years. That makes his earnings the proceeds of a crime. Legally, it's forfeit.
He doesn't speak any English. That's sort of irrelevant, but it ticks me off just the same. He was here for eleven years and didn't bother to learn a single word of the language of the land.
He didn't pay any taxes on that money. OK, that burns me up inside. Do you think he may have gone to the hospital once in 11 years? Did he drive a car? Did he use public transportation? Did he use public facilities? Almost certainly he did. For free, since he didn't pay any taxes.
He's liable for fines. The IRS failure to file penalties would be 25% of his $59K. The fine on his employer would be $20K for willfully employing an illegal (which is a certainty due to his making far below minimum wage) - I assume that the fines for being an undocumented worker are similar. He doesn't have much "earnings" left over after that.
Here are some wonderful quotes from the article:
"They are treating me like a criminal when all I am is a working man," he said.
(Gee, you think? You ARE a criminal! The word "illegal" sort of implies that.)
"I no longer feel good about this country."
(Wonderful. Don't come back then. Be sure to tell all your pals to stay away from the mean old United States, where we have laws against sneaking over the border and sponging off our tax-paid services.)
Robert Gershman, one of Zapeta's attorneys, said federal prosecutors later offered his client a deal: He could take $10,000 of the original cash seized, plus $9,000 in donations as long as he didn't talk publicly and left the country immediately.
(That was a darn generous deal. Look at my math above.)
I'm sympathetic toward 99% of illegal immigrants. I've been through the process of getting visas and green cards for my wife. I know it's incredibly complicated, especially if you don't know English. I have lots of sympathy for people who come here looking for a better life. They truly want to live here because America is a better place. They deserve a chance.
Not this guy, though. This guy came here to eat at our buffet, filled his pockets, and then tried to slip out without paying. We should make him wash dishes. Oh, wait...
Friday, September 28, 2007
Illegal is Illegal
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6 comments:
With all due respect Jason, I just don't see it the same way. I respect you point of view, but I think that it's very black and white and the world just doesn't work that way.
The guy worked and got paycheks (which means he did pay some taxes). At $5.50 an hour, I doubt that he owed very much.
I just can't bring myself to get pissed off at a guy who busted his hump for 11 years to make a way for his family. To say that this is fair is the same as saying that those kids in the Jena, LA case need to be tried as adults.
Sometimes it just ain't that simple.
-B
Well, you have your facts wrong. He paid no taxes at all. That's right out of the article we both linked.
I guess I missed that. Point is, I think if a guy had to pay taxes on 11 years of minimum wage that it would equal up to $49,000. It might equal to a fifth of that.
That's robbery.
There is nothing you can say to convince me that the IRS isn't raping the guy. The fact that they offered him hush money proves it.
-B
Not at all. Yeah, if he'd paid taxes on his earnings, he'd probably have gotten it all refunded. But he can't do that BECAUSE HE'S IN THE COUNTRY ILLEGALLY!
I don't understand why some folks don't get it. You are a criminal if you sneak into the country. Do not pass Go, do not collect $59,000.
Does this guy's individual situation suck? Yes.
Do I want the government to stick to their guns? Yes.
Before last Wednesday's hearing, as an illegal immigrant, he broke the law every second of every day for 11 years. I'm not saying he was a violent felon, but he is a career criminal in the truest sense. Regardless of his motives, he got paid for breaking the law.
Perhaps if he had bothered to learn English during his 11 year stay, he would have noticed the signs throughout customs announcing that anyone transporting more than $10,000 was required to declare it. Oh wait, that information is also posted in Spanish.
Ignorance of the law is not an excuse, especially when it is part of willfully breaking the law.
Tell me how this man legally lived in Florida while earning the money and I'll reconsider my position. Unless they mailed him the dishes in Guatemala, then required him to fly to Florida to pick up his 11 year paycheck, I say toss him out of the country and let him have the donations that were given to him.
Does it sound harsh? Maybe, but I'd like to see the INS get more active and reverse the don't ask don't tell assumptions surrounding illegal immigrants. Until our laws are enforced, they are meaningless.
(Yeah, I left these comments on Brian's blog too. I'm waiting for his head to explode.)
Nice to hear from you, Jen! It's too bad that illegal immigration has been ignored for so long. There's going to have to be some give and take to fix it, but this particular situation was handled correctly, as I see it.
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