We have been fighting this for years but the town is pretty corrupt and continues to allow this to go on.
I sent this out reply is pic above
to Chris.Walsh, Jack.Lewis, Karen.Spilka
March 24, 2017
To Whom it May (and Should) Concern:
I would like to bring to your attention the blatant disregard for the law (below) having to do with illegal immigrants receiving HUD money in my town of Framingham, Massachusetts. Given the fact that we have a new President, who seems to be concerned with the immigration problem in the whole country, I feel that this is the time that we might be able to get something done in my town that has been covered up for many years (with the blessing of the past administrations).
There is a program in Framingham that is called Framingham Adult ESL or English as a Second Language. The problem that exists is, that most of the people in the program are illegal immigrants and they come from all over New England to attend those classes in Framingham. Even though the Framingham Adult ESL program has the name “Framingham” in it and is there to educate Framingham adult immigrants, most of the people in that program are not from Framingham and most aren’t even legal immigrants.
I believe, that the Framingham School Department operating here is part of a conspiracy to defraud the U.S. Gov’t out of HUD money. I feel that the Framingham School Department is responsible for how the schools are used as part of the Adult ESL program. The way they are doing it is: 1) They are leasing out the Fuller School to the Adult Framingham ESL program, which educates approximately 700 adult immigrants, both legal and illegal, but mostly about 80% are illegal.
This April, at our next Town Meeting, we will be discussing how the Community Development Block Grant (CDBG) money consisting of a grant of $500,000 HUD grant money is being distributed to supposedly needy people in the town for several programs. Part of this money includes $19,000 directed toward the Adult ESL program, which they say supplements the cost of teaching English to around 60 immigrants, in that program. The problem with this is, there has been no way of verifying who these 60 people are that are receiving said funding. We have no way of knowing: 1) Are they Framingham residents? or 2) Are they legal immigrants? The reason I bring this up is according to the 1996 Welfare Reform Act, notice what it says here: Illegal immigrants are barred from the following federal public benefits: grants, contracts, loans, licenses, retirement, welfare, health, disability, public or assisted housing, post secondary education, food assistance, and unemployment benefits. States are barred from providing state or locally funded benefits to illegal immigrants unless a state law is enacted granting such authority.
As you notice, it says illegal immigrants are not to receive EVEN ‘grants’, which is what this HUD money is. We, as Town Meeting Members, who are responsible for the financial expenditures of the town, asked the Framingham Adult ESL program to provide us with some verification as to the identity and citizenship and residence of those people involved in the program, who are receiving this money. They refused to provide this information. I thought that was a very logical question to ask.
What is occurring here, in my opinion, is a conspiracy to allow illegal immigrants to receive government money to which they are not entitled. Since we have not been provided the information for which we seek, I have to conclude, it is a conspiracy of silence and deception. We, as the fiduciary overseers of the town, have the right to know where and for whom this money is designated. If the Adult ESL program were honest and ‘upfront’, they’d have been more than willing to provide this information.
I really question the reasoning why we are not being shown the designated recipients of this money and what their status is in this town. I would like to have this investigated by HUD or whatever agency they use to determine why this fraudulent practice is occurring and approved by the town.
By what I’ve stated above, this action is clearly against the 1996 Welfare Act and many other laws dealing with immigration in this country. I would like to see an investigation into this, along with those complicit in this federal crime to aid and abet illegal immigrants in my town ( even a RICO act violation), which would include the perpetrators:
1. Board of Selectmen
2. Framingham School Committee
3. Town Meeting Members (who support this measure, by recorded vote in the past)
Illegal immigration itself is A CRIME, and an expensive one for us, costing the town of Framingham us over $25 million a year, to educate JUST the children of the illegal immigrants who attend our schools. And these children are children of some of the illegal immigrants who are in this program. So, if the adult illegal immigrants weren’t here, we wouldn’t have to pay for the children of these illegal immigrants.
To sum up, we have HUD money that is being directed to illegal immigrants, with the blessings of the town. We have public town buildings used to aid and abet the illegal immigrants to ‘learn English’, all breaking many federal laws.
It is my hope that you would look into this and take some action on this illegal activity having gone on for years. It is time we restore law and order and justice in this town. It’s been going on too long.
Thank you for your time.
Town Meeting Member, Precinct #14
94 Pond Street
Framingham, MA 01702
1. HUD Fraud, Waste, Abuse Complaints statement.
2. The Welfare Act of 1996 (link and partial quote)
3. Federal Immigration and Nationality Act Law (entirety)
4. MetroWest Daily News Letter, which explains the HUD money illegality in Framingham.
HUD REPORTING: Provides callers with information on how to report fraud, waste, and abuse complaints. What kinds of things should you report? Mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
The Immigration Reform and Immigrant Responsibility Act of 1996 set the new legal standard for the evaluation: the sponsor of the applicant must have an annual income of at least 125 percent of the federally designated poverty level. There are several problems with this standard:
Illegal immigrants are barred from the following federal public benefits: grants, contracts, loans, licenses, retirement, welfare, health, disability, public or assisted housing, post secondary education, food assistance, and unemployment benefits. States are barred from providing state or locally funded benefits to illegal immigrants unless a state law is enacted granting such authority.
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
“Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both.” Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
Recruitment and Employment of Illegal Aliens
It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days’ advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.
An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer’s work force. Knowledge cannot be inferred solely on the basis of an individual’s accent or foreign appearance.
Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.
IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.
Encouraging and Harboring Illegal Aliens
It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.
An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien’s illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien’s entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that “encouraging” includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.
The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years’ imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years’ imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years’ imprisonment.
A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer’s consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.
RICO — Citizen Recourse
Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.
Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In additon to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens
FROM JIM RIZOLI, TO THE METROWEST DAILY NEWS
No more grant money to support Illegal aliens
As a Town Meeting member, I am very concerned with our recent Town Meeting warrant coming up in late April and certain monies that are going to a program called the Framingham Adult ESL Plus Program.
We have HUD CDBG Community Development Block Grant money that comes in every year to help the town with different projects going on for lower income people. Some of that money ($19,000) is being used to go to this local Framingham Adult ESL program that is held at the Fuller School. This by the way is a direct violation of 1996 Federal Welfare Act, as most (70%, maybe more) of the people in that Adult ESL program are illegal aliens.
Which is even more disturbing is most these illegal aliens in this Adult ESL program may not even be from Framingham. Why should we be funding a program that is helping illegal aliens from out of town learn English?
I would think that a program that is being sponsored in Framingham should be for Legal Framingham residents only and not people from all over the state, and maybe even out of state that are illegal aliens according to the LAW. When asked to prove that those receiving this HUD money (60 or so people they say are in it) are Framingham residents and legal immigrants the request was pushed aside and said they didn’t have to.
My recommendations for Town Meeting are:
1. That NO HUD CDBG money is to be being appropriated for this Adult ESL program that teaches Adult illegal aliens English, unless they can prove and verify that they are Framingham residents and legal immigrants according to Federal Law.
2. The town should review their policies of renting out buildings to organizations that aid and abet illegal aliens, a violation of our federal immigration laws.
3. The Attorney General’s Office do an investigation into this program to make sure this abuse of taxpayers monies be stopped.
4. All those responsible for allowing this illegal program to continue on aiding and abetting illegal aliens be prosecuted to the full extent of the law for RICO violations.
Framingham, MA March 24, 2017
Adult ESL facts…
Framingham Adult ESL Plus has been serving adults in the Framingham area since 1984.
Framingham Adult ESL Plus currently offers:
• 7 MORNING English classes
• 25 EVENING English classes
• 4 EVENING High School Equivalency classes
• 1 EVENING Citizenship class
• 37 total classes + 9 volunteer-led Prep classes
• 42 Nations
• 26 Languages
There are now 716 students in classes and an additional 100+ students in Prep Classes each semester. Of the 716 current students, 157 are parents of Framingham Public School students. There are also 1,400 people waiting for classes, more than at any other time in the program’s 33 year history.
Two-thirds of the program’s funding comes from a DESE grants. The remainder is provided by the Metrowest ESL Fund (a business and community partnership), private donations, and administrative support from the Framingham Public Schools.
This support is critical in maintaining the required state match and remaining within state mandated administrative limits. It is also critical to providing the support and coordination necessary for such a large program.
Sent to those representing Framingham citizens so far NO response.
MA Senator, Karen E. Spilka
24 Beacon St.
Boston, MA, 02133
MA Rep, Chris Walsh
24 Beacon St.
Boston, MA, 02133
9 Vernon Street
Framingham, MA 01701
MA Rep, John Lewis
24 Beacon St.
Boston, MA, 02133
ORIGINAL LETTER SENT TO:
President Donald Trump
1600 Pennsylvania Ave
Washington, DC 20005
HUD Secretary, Ben Carson
U.S. Department of Housing and Urban Development
451 7th Street S.W.,
Washington, DC 20410
Telephone: (202) 708-1112
(800) 347-3735 (Fraud, Waste, Mismangement)
HUD Inspector General Hotline (GFI)
451 7TH STREET, SW
Washington, DC 20410