No announcement yet.

Option to hire illegal housekeeper/ what should I do?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Option to hire illegal housekeeper/ what should I do?

    We are friends with a foreign doctor and his wife, who are now US citizens. They routinely have foreign illegals working in their home as maids. They have asked us if we want to hire one of them. I'm more than happy to pay the woman we hire minimum wage for a 40-hour work week, and provide housing. I don't want to go to jail, however. One of them is already living here and has been in the US for 2 years. What can I do to accomplish this legally?

  • #2
    We are friends with a foreign doctor and his wife, who are now US citizens. They routinely have foreign illegals working in their home as maids. They have asked us if we want to hire one of them. I'm more than happy to pay the woman we hire minimum wage for a 40-hour work week, and provide housing. I don't want to go to jail, however. One of them is already living here and has been in the US for 2 years. What can I do to accomplish this legally?


    • #3
      hi, i have read your posted. Not only illegal are doing illegal in this country. you can trust them more than u.s.c like you to work. they will do everythings good to avoid crimes.they do have human rights. people must die you have to share whatever you have now because even you are rich now. you will never ever bring your gold in your deeply ground.


      • #4 Return to regular view
        How killers in state stay untouchable
        Mexican court scraps extradition treaty -- frustrated California D.A.s won't cut deals
        Maria Alicia Gaura, Chronicle Staff Writer
        Sunday, August 10, 2003
        ©2003 San Francisco Chronicle | Feedback


        After a months-long search, Santa Cruz County investigators found the man accused of a brutal attack in which he allegedly slashed a girl's throat and then raped her friend.

        Trouble is, the only way to get him is to cut a deal.

        Suspect Miguel Loza is behind bars in a Mexico City jail. But Mexican authorities refuse to send him to the United States to stand trial unless he is guaranteed parole.

        The dilemma facing Santa Cruz prosecutors -- whether to reduce charges for a heinous crime or risk leaving a suspected killer, rapist and child molester on the loose -- has become increasingly common for district attorneys throughout the state since October 2001. That was when Mexico's Supreme Court ruled that life in prison, or any term without guaranteed parole, constitutes cruel and unusual punishment under Mexico's constitution.

        That decision supersedes the 1980 U.S.-Mexico Extradition Treaty, a document that allowed Mexico to refuse extradition of suspects facing the death penalty in the United States.

        U.S. prosecutors tended to accept that limitation and substitute a life sentence. But after the Mexican high court's recent ruling, a life sentence for first-degree murder is no longer an option. District attorneys are refusing to compromise.

        "We wait till he comes back and arrest him in the U.S.," said Santa Cruz County Chief Deputy District Attorney Ariadne Symons. 'It's not much of a plan,

        but it's all we've got. I think there's a good chance he'll come back, because his family's here."

        Extradition is now routinely denied in more than 40 categories of serious crime that are punishable by possible life terms under California law, including murder, rape, child molestation, kidnapping for ransom and train wrecking, among others.

        Nobody knows how many criminal fugitives from California are in Mexico. But Los Angeles Deputy District Attorney Janice Maurizi has compiled a partial database with worrisome numbers.

        "I have a list of 246 names of cases where we know the fugitive has fled to Mexico," Maurizi said. "Most of them are from Los Angeles, and probably 95 percent are murders."

        In the Santa Cruz case, the 17-year-old slashing victim died last week after six months of being in a vegetative state. She never regained consciousness after the Feb. 10 attack.

        Advocates for victims' rights, prosecutors and victims of violent crimes are lobbying federal officials to pressure the Mexican government to change the law.

        "Now, in California, we cannot give the assurances that Mexico is seeking unless we down-charge murder, for instance, to manslaughter or assault," Maurizi said.

        "That is a pretty dramatic change, and almost every district attorney in the state has decided against (reducing charges) in these very serious cases," she said. "It's an equal protection argument. Do you get a special break just because you made it across the border?"

        As for Loza, the pending charges of homicide, sodomy, assault with a deadly weapon and forcible *** assault on a child would have to be reduced to the level of manslaughter before Mexico would allow extradition.

        Santa Cruz District Attorney Bob Lee says justice would not be served by giving Loza a break.

        "That attitude is insulting to the young women who were victimized in this case," Lee said. "There is no statute of limitations on the crimes he has committed here. . . . And if he is ever found in the U.S., we will prosecute him, even if it's in 10 or 20 years."

        The situation is complicated by other elements of Mexican law.

        If U.S. prosecutors request extradition of a suspect and it is denied, the case is automatically turned over to Mexican authorities for trial. Under the extradition treaty, prosecutors in the United States can send evidence to Mexico and prosecute a case there.

        But no matter the result of that trial, California authorities are bound to accept the case as closed, because state law recognizes the result of foreign prosecutions, and retrying the case would result in double jeopardy for the defendant.

        The automatic trials following denied extradition are a sore point for Maurizi, who says they sometimes serve as a "get out of jail free" ticket, even though Mexican law allows for a maximum sentence of 60 years in the most serious cases.

        "In the past, we allowed Mexico to prosecute many of those cases," Maurizi said. "But then I started tracking those cases and found the results were very unpredictable."

        In a majority of the cases she studied, the suspect was never arrested, Maurizi said. In others, mostly homicides, sentences frequently ranged from three to eight years.

        And then appeals kicked in.

        "We had one murderer who got eight years initially, but that was reduced to some weekends on appeal," Maurizi said. "A short time later, he ended up back in L.A., walking around free, and there's nothing we could do to him."

        In a letter signed by all of the 58 district attorneys in the state, the California District Attorneys Association last year urged U.S. Attorney General John Ashcroft to address California's growing extradition crisis.

        "The policy of the Mexican government sends a powerful message that a person can commit a heinous crime in California and escape from justice for the price of a bus ticket across the border," the letter said.

        Mexican authorities defend their constitutional protections, which they say more closely resemble standards in Europe and other developed countries than the increasingly harsh criminal penalties being enacted in the United States.

        "I think the (Supreme Court) decision was a progressive one," said Enrique Cepeda, regional attache to the Western United States for the Attorney General of Mexico.

        "There are almost no European countries that still have the death penalty, and the tendency (in developed countries) is to abolish the death penalty and reduce prison sentences. Our tradition is of rehabilitation, and the Supreme Court doesn't want to lose sight of that," Cepeda said.

        "But we do have very harsh penalties for homicide and first-degree murder --

        up to 60 years of imprisonment. For a person in their 20s, that is essentially life imprisonment."

        Changing the new extradition rules would be difficult because they are based on Mexico's constitution, and U.S. officials would probably be better off working within the Mexican system, Cepeda said.

        "In cases where we get all the documentation and forensics, we can prepare a strong case and get sentences of up to 60 years," Cepeda said. "If the evidence is not so strong, suspects may get the minimum, which is two years in a homicide depending on how it was committed."

        It's not that different from the U.S.," Cepeda said, "where if you don't have good evidence and the person gets a good defense attorney, they may be acquitted."

        While acknowledging that the extradition conflict is a "real hot-burner issue" between California and Mexico, Special Assistant California Attorney General Alberto Gonza*** emphasized diplomacy as the best way to resolve the problem.

        "Our diplomacy has been to highlight to Mexico the importance of these cases," Gonza*** said. "We want their judges to act accordingly, we want to work together in that regard.' "

        Rather than push for extradition, California prosecutors will be more willing to work with their Mexican counterparts if Mexico can show that cases are vigorously prosecuted and that the sentences are actually served, Gonza*** said.

        Both Gonza*** and Cepeda noted that Mexico's attorney general set up a task force in 1994 to focus on U.S. cases prosecuted in Mexico City and track the outcome. Cepeda said that the task force's conviction rate has been high -- with only 13 outright acquittals of 180 cases.

        Just last month, Sen. Dianne Feinstein, D-Calif., sent a letter to Mexican President Vicente Fox detailing four heinous crimes and asserting that the perpetrators escaped justice by fleeing to Mexico.

        "A grave danger exists that Mexico will become a safe haven for serious criminals," Feinstein wrote.

        While imploring Fox to take action, however, Feinstein did not propose what that action might be.

        Los Angeles resident Anabella Vara's ex-husband, Daniel Perez, shot her in the head and was tried and convicted of attempting to kill her. Perez allegedly killed her father for testifying against him at the trial and is wanted in the slaying of a witness. He is now believed to be in Mexico. Vara is working to organize victims whose tormentors are fugitives from justice in Mexico.

        "One of the reasons I think this issue hasn't been picked up is that someone always wants to make it an anti-immigrant thing, an anti-Mexican issue, " Vara said. "I think that's missing the point. You don't have to be an illegal immigrant, all you need is a Hispanic surname and the Mexican government will protect you.

        "My ex-husband was 2 years old when he got here," Vara said. "We had a home here and he worked for the state. He's as much a U.S. citizen as anyone else."

        Vara's ex-husband fled to Mexico in the middle of his trial. He was found guilty of attempting to kill her. But the Mexican government won't recognize Perez's conviction since he was sentenced in absentia, a detail that makes Vara's blood boil.

        "Who the hell is Mexico to enforce their judicial system on me?" Vara said. "That criminal committed his crime in this land. If I believed in the Mexican system I would live there. But somehow it is still following us."

        The fact that Perez is still at large rankles Maurizi, too.

        "He's down there with his new family, sipping margaritas and laughing at the system," she said. "They won't extradite unless we drop (down) this premeditated murder of a witness to manslaughter."

        E-mail Maria Alicia Gaura at

        ©2003 San Francisco Chronicle | Feedback

        Page A - 1


        • #5
          You can sponsor this woman for labor certification (ETA 750); however, she will not have US employment authorization until after the ETA has been approved by DOL, and until the following I-140/I-485 is filed with BCIS. This assumes that Sec. 245(i) is reinstated, and that this person will be able to adjust status after being her illegally for 2+ years.

          There is no way for you to employ her legally at this point. If you are aware that she does not have US employment authorization, if you employ her, you are knowingly employing an unauthorized worker. This opens you and your husband up to severe criminal penalties, both in terms of jail time and fines. Also, if you are aware that she is here illegally (i.e., without valid US status), allowing her to live in your home could be considered "harboring" an illegal alien. Harboring carries additional penalties and is a felony if you are convicted.

          Ultimately, if you know that the person is illegal, it is much smarter and safer for you not to employ them.


          • #6
            Basically, nothing can be done now, buttheyneed a plan. File a regular labor cert and wait out 245(i). They have nothing to lose, and everything to gain.


            • #7
              We are friends with a foreign doctor and his wife, who are now US citizens. They routinely have foreign illegals working in their home as maids. They have asked us if we want to hire one of them. I'm more than happy to pay the woman we hire minimum wage for a 40-hour work week, and provide housing. I don't want to go to jail, however. One of them is already living here and has been in the US for 2 years. What can I do to accomplish this legally?

              What a good person your are, pay min. wage , what about medical, FREE paid by your follow US citizen ?What about the Education Bill FREE paid by your follow US citizen? Why not hire a legal US
              Citizen? Of course we do ask that you pay a wage they can actually live on with out ****ing our tax dollars , that would be too much to ask RIGHT? Well, you may get your slave, but you will end up also paying in increased taxes, funding bankrupt hospitals and over burden schools. We your follow Citizens thank you for the increased tax burdens , health risk to us all and of the criminals that come along with the rest of them, my your Karma catch up to you and return ten fold.


              • #8
                Your "karma" is going to catch up with YOU, someday, my little Mexican-hating friend.


                • #9
                  You hate ***s, but then thats OK RIGHT, What does our laws say about this ?


                  Sorry, you are not authorized to view this page

                  Home Page

                  Immigration Daily


                  Processing times

                  Immigration forms

                  Discussion board



                  Twitter feed

                  Immigrant Nation


                  CLE Workshops

                  Immigration books

                  Advertise on ILW



                  About ILW.COM

                  Connect to us



                  Immigration Daily