Well-funded illegal alien activists in Southern California have found a new way to attack Americans fighting for secure borders and enforcement of current immigration laws. The fight has moved from the streets where they wave the their Mexican flag to America's civil courtrooms.
“Allow me to understand this correctly. Illegal aliens, people who have committed a crime by entering this country illegally, and who continue to commit additional crimes by using counterfeit documents to project a status they are not entitled to, are suing cities and citizens for "disrupting their RIGHT to work in the US, even though they have no such right? If any immigrant "rights" organization or other advocacy group is responsible for the filing of such suits, either directly or indirectly, they should be counter claimed against for abuse of process and malicious prosecution. It's time for the good citizens of this country to fight back through the courts,” said retired ICE Agent John Sampson who now runs CSI Consulting and Investigations.
The beef about an upcoming lawsuit in San Diego against Jeff Schwilk, founder of the San Diego Minutemen, stems from a violent attack on Los Angeles anti-illegal immigration activist John Monti in November 2006 at the Rancho Penasquitos day-labor site in San Diego.
“Controversial San Diego attorney Daniel Gilleon was hired by La Raza operatives more than three years ago to go after San Diego Minutemen and other pro-security activists,” says Schwilk.
Monti had gone to the infamous makeshift hiring site to photograph the day laborers and the law-breaking employers hiring illegal workers. “It is still a felony to hire illegal aliens in the U.S. and studies have shown that almost all day laborers are illegal aliens from Latin America, Schwilk explains.
While photographing the street-side hiring process, Monti was suddenly jumped from behind by at least seven Hispanic men. “They punched him, tried to steal his professional camera, and pushed him into the busy boulevard. Several passersby’s witnessed the attack and called 911. When police arrived two minutes later, they found a bloody and shaken Mr. Monti,” witnesses reported.
Once the police were called to the scene, all of the attackers had made a run for it. Luckily, Monti photographed many of the laborers prior to the attack and was able to show San Diego Police Department. The next day the victim, Monti, sent the same pictures via email to local San Diego activists so they could call the police if the suspects returned to the day labor site where they usually look for employment every day. At this point Schwilk received the pictures and forwarded them to his local law enforcement contacts and other concerned residents in the area.
Their claim was defendants were disseminating pictures of the suspects with Monti's statement and pointed out that they were wanted for questioning by SDPD regarding day-labor site scuffle. The flyer indicated if anyone had any information about the incident to phone the police.
Police records show the suspects were being sought for questioning and most of them were eventually found and questioned. No charges against the suspects were ever filed, as they all, not surprisingly, claimed that Monti attacked them first. According to Schwilk, local illegal alien activists were seen speaking with the suspects soon after the attacks.
“Witnesses who saw Monti being attacked and beaten were ignored by investigators and the city attorney, who were under extreme pressure from the so-called ‘Mexican mafia’ to protect the suspects (most of them Mexican citizens) from prosecution,” Schwilk contends. Fox News' and Monti's lawsuits were eventually dismissed or settled, but Schwilk demanded a trial to prove that this was just another unfounded, frivolous lawsuit and malicious prosecution meant to harass and silence those who oppose illegal immigration.
This defamation suit also accuses Schwilk of putting up Monti's "wanted posters" in the area around the day labor site - a charge Schwilk denies. Schwilk and a few other concerned citizens did use Monti's pictures to identify two of the suspects standing at the sidewalk hiring area three days after the attack.
"When we saw two of the suspects back at their sidewalk loitering area, we immediately called SDPD. The lead detective of the nearby division came to the scene and explained to us that they had already questioned and released those two men and that an arrest had been made," Schwilk said. “The officers refused to elaborate further, but they told us they were fully investigating the assault on Monti and hoped to bring all of the guilty day laborers to justice.”
The lead attorney in this so-called lawsuit is Dan Gilleon. In emails from Gilleon obtained by the Examiner, Gilleon repeatedly seems to be asking Schwilk to settle the case over the past year. In the most recent email sent on Feb. 6, Gilleon again offers to Schwilk, "If you want to settle, we'll take $1,000 for each plaintiff, cash now, or $10,000 each in stipulated judgments."
Schwilk has repeatedly told the plaintiff’s attorney Gilleon that he has no intention of settling this case because he is the victim not the other way around. In addition to last minute attempts to avoid taking this case to trial, Gilleon failed to depose Schwilk for 2 1/2 years and recently convinced the judge to allow a last-minute deposition just days before the trial is set to commence.
In a voicemail message from Gilleon, he declined to comment on this pending case. However he claims there is a new lawsuit pending against Schwilk. However, court records show no new lawsuits have been filed.
Schwilk, who is now defending himself, says he strongly opposes a deposition at this late date because he believes Gilleon lied to the judge about trying to depose him in October. Evidence submitted to the court last week clearly shows that Gilleon claimed to have served Schwilk a notice of a deposition at a long-abandoned store in Oceanside. Schwilk says he has asked Judge Styn to rescind his recent deposition order and the motion is pending.
The trial begins on Thursday. It is worth pointing out, the attorney for the plaintiffs admitted that all his clients were living in Mexico and may not be able to enter the country legally to attend the trial, according to Schwilk.
It is a sad commentary that the civil court system is filled with well-funded foreign interests who hire activist lawyers to gain control of the country for their illegal clients.
The Minutemen vow to keep fighting no matter how many lawsuits La Raza activists file against them. "Our cause to make our cities and our country safe and secure is too great to be deterred by these people who make a mockery of our legal system," Schwilk finishes.
In another lawsuit filed in Costa Mesa, California, MALDEF the Mexican American Legal Defense Fund charges the city’s anti-solicitation ordinance is unconstitutional. Joining in on the February 2, 2010 lawsuit is the ACLU of Southern California and the National Day Laborer’s Organizing Network (NDLON).
The civil rights groups filed the lawsuit against the City of Costa Mesa on behalf of the Association de Jornaleros de Costa Mesa and the Colectivo Tonantzin, whose members have been restricted from peaceably expressing their need and availability for employment in the city’s public areas due to the ordinance.
Claiming his client’s first Amendment right, MALDEF President and General Counsel Thomas A. Saenz said, "Free speech, one of our most cherished rights, belongs to everyone in society. Day laborers seeking work have as much right to express themselves as the largest corporation employing hundreds of thousands. Costa Mesa’s anti-solicitation ordinance violates this vital and longstanding constitutional principle."
“The city’s anti-solicitation ordinance prohibits any person standing on a sidewalk or other public area from soliciting employment, business or contributions in any manner deemed to be intended to attract the attention of traveling vehicles. The ordinance subjects day laborers and other solicitors to a fine of $1,000 and imprisonment up to six months. The ordinance violates the day laborers’ First and Fourteenth amendments rights under the United States Constitution,” according Saenz.
"Day laborers have contributed to the Costa Mesa economy for decades," says Pablo Alvarado, director of the National Day Laborer Organizing Network. "Particularly during these tough times, the hard work they provide the community should be rewarded and not the target of destructive law enforcement practices."
The ruling of federal courts throughout the country in the past have ruled in favor of preserving the free speech rights of day laborers, which allows them to continue to solicit work.
“The contention that the civil rights of illegal day laborers are being violated is pure malarkey and if anything at all, the advocates can be criminally charged and prosecuted for aiding and abetting illegal alien immigration,” says Vince Johnson in a letter to the city of Costa Mesa.
He goes on to explain this frivolous lawsuit should be recognized as such by any federal judge who may incorporate immigration law regarding employment by undocumented immigrants.
“I suggest that you utilize the resources of Homeland Security/ICE, the US Department of Labor and the US Justice Department to promptly stop this court action and affirm that this country can not be controlled by people who do not even have the right to be in this country. Any meddling by the Mexican government is a clear-cut violation of American law and sovereignty,” Johnson finished.
The meddling of Mexico continues to play out on both sides of the border. It was reported by the M3 report (a publication put out by the National Association of Former Border Patrol Officers) that all political parties of the Mexican Senate must reproached the policy change of direction of President, Barack Obama, “who has decided to go back on the promise he made to all the Hispanic groups that supported him, and now he insists on closing the border. The government of Barack Obama seeks to increase the funds to reinforce border security with $4.6 billion to support 20,000 agents of the Border Patrol, as well as to finish the first portion of the ‘virtual fence,’” the report stated.
The Mexican government continues by “announcing that he (Obama) will build the missing portion of the ‘virtual fence’ by means of which everyone who crosses, undocumented or illegally, will be detected and can be immediately jailed and later expelled, (and also) reinforcing the number of agents for customs, as well as for the border. From now on we Mexicans will not know what to believe when we speak with the President of all the Americans, because he is a President who fails to keep his word,” according to a member of the Mexican Senate.
One thing is certain Mexico continues to demand the rule of law be tweaked in their favor when it comes to illegal immigration. This will surely set up a very contentious immigration reform debate, one the American people have clearly stated Amnesty will not be a part of the legislation.
For more stories; http://www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
I just don't understand how our own legal system can let law breakers sue American citizens. The US Constitution is awarded only to legal citizens of this country, let this be clearly defined as of now!
u came in yesterday ,u are illegaler
u r here for 20 years ,u r automatically legal resident here
that is human humanness
y r child yesterday ,y r adult today
healthcare reform fail. immigration reform fail
means american fall
because those are humanness issue, means people s love
american is being more and more hateful.race split up
getting more selffish
No further "path to citizenship" amnesties, now or EVER! Period.
I think our country these days has surpassed the corruption days of the Prohibition Era.
Everybody has been corrupted. From the top on down to police chiefs, council members, mayors, DAs and yes, even judges.
An honest judge would throw out these frivolous lawsuits by illegal aliens. It is against the law to work in this country if a person is not a legal resident.
By not throwing these cases out of court, these judges are aiding and abetting illegal aliens and thus, breaking the law themselves.
What we have these days for judges is the product of the "flower child" era. Anything goes, except love for one's country.
Unbelievable! My parents immigrated here legally in the 70's from Mexico. I can't believe our country has turned into the corrupt country they left to start a better life and become proud Americans.
This Gilleon clown sounds like he should be in jail. Can't they do an investigation and find out who is funding all these lawsuits? This is so wrong. I hope the Minutemen can keep fighting these pro-alien jerks, this shows just how much we all must demand our sovereignty.
What has happened to America!! Illegals sue law-abiding citizens with the help of La Raza, ACLU, etc. What's even more despicable is that hard-earned CITIZEN'S taxpayer dollars go to these organizations, who then turn around & defend illegals against citizens who are only trying to save their country. What an abhorable situation. I don't know how those in ACLU, LaRaza, etc. can wake up each day & look at themselves in the mirror.
Hypocrisy rages on. IF these illegal alien day laborers contribute so much to society, why aren't they valued in THEIR homelands? Mexico, in particular, refuses to care for it's citizens and VERY hypocritically demands that the US taxpayer do so. If it is a violation of free speech that an illegal alien cannot solicit lawlessness on a street corner, what is the difference between their free speech rights and that of a prostitute or drug dealer? They are NOT citizens, ergo are NOT covered by the rights bestowed US citizens by the US Constitution. The ACLU and other illegal alien activists need to be prosecuted for aiding and abetting the continued comission of a crime as well as treason. Any ethical, legit judge will agree.
Hey common sense? Since when do you make the US immigration laws? IF you are not a citizen of this country when you enter, you do nothing to become a citizen, you are NEVER a citizen, period. You are NOT granted citizenship based on your ability to evade ICE. No Amnesty, EVER, to law breakers, they have ONE right in the US and that is the right to be deported.
The "system" that is supposed to keep justice in check,is obviously "UP-SIDE-DOWN",and been infected with "FOREIGN PARASITES".I am ANGRY about this.If YOU are a cognizant American Citizen,and you aren't angry,your cerebellum is firmly implanted in your rectal cavity.Since when,can a bunch of "ILLEGALS" (WETBACKS)assault one of our own,and then bring forth a lawsuit on an individual that exposes truth of the incident???? You've got to be kidding me! Why is there not "ONE" honest attorney in this state that won't step up and blow this ridiculous piece of excrement out of the water? If you ask me...the "Law" has gone astray....."The People" need to take the "LAW" BACK!!!...NOW!!!!
I have heard ALL of the "bleeding-heart" rhetoric,excuses,"humanity" this...."Blah-blah-that"....From MORON-ASS to the ACLU....."you are a racist".....Pffft! I'm an AMERICAN,and its time to stop taking this load of crap from ANIMALS that have NO permission to be here....HAVE NO RIGHTS,regardless of how many cockroaches there are,running through the streets with MEK-SICK-UN flags in tow.....A fight of biblical proportions is brewing....Stand up now,American Citizens.....It is again,time FIGHT FOR WHAT IS OURS! We did'nt get it sleeping on a park bench....it was'nt just handed to us.....Many fought,and died for what we have....Are you just gonna sit on your hands,whilst La Raza walks in and turns all of this into Tijuana????? We'll see....I sure as HELL ain't!!!!
Why do people with the smallest brains have the biggest mouths?
all Americans are illegal aliens Blondie. Specially the so call founder fathers, who were all real criminals.
this Hesse character is one of the reasons why everything is upside down.....You have your head up yer asss,Hesse...I'll be looking for you....You'll recognize me with the 'blonde hair".....dipwad...
bernarde hess: english translation: pile of goat excrement...
These Mexican insurgents make me want to puke! I hope Schwilk can expose anarchy in our courts. How on Earth can this happen? Illegal aliens suing for "defamation"? They're ILLEGAL! They attacked an American citizen because they didn't want their pictures taken. How many of them are wanted for crimes?
This Gilleon guy should be at Gitmo with the other foreign agents who hate America. Google that freak. I'll bet his law license gets revoked soon. The state bar has to be aware of this punk and his many abusive lawsuit.
You'll never convince any of the Libs that these insurgents don't have the right to legal representation! Is it really surprising given that the Progressives' beliefs are reinforced from this ridiculous, ghetto Presidential Aministration? All the more reason to support Judicial Watch and the Heritage Foundation to combat the ACLU, money well spent.
I LIVE there and it scares/irritates/frustrates/infuriates me that there is nothing that can be done to shut it down. I'm a woman who doesn't want to have to wave off the strange men that try to get in my car while parking on my street. Or have to walk through the crowds of loitering strangers to leave for work in the car that they are leaning against.
What gives?
Please take the time to learn basic grammar before posting an "article". Your grammar is atrocious. Run on sentences and words that make no sense. This article reads like a middle school essay.
In the name of secure borders and overall national security, put the National Guard stationed along the length of the fence?
Don't re-elect Sen. Harry Reid, Nancy Pelosi, Janet Napolitano who have stealthily underfunded and lowered our security within the confines of the US. Let us make an example of any legislator who defies THE PEOPLE'S wishes? Learn who is undermining US security and which lawmakers have been corrupted by lobbyists at JUDICIAL WATCH & NUMBERSUSA.
PS: HOW MANY ILLEGAL ALIENS WILL VOTE IN THE THE MID-TERM ELECTIONS--SPECIALLY IN SANCTUARY CALIFORNIA?
A NumbersUSA director , visiting with Border Patrol Agents in the Tucson Sector in mid-October of 2009 asked if they believe the official Dept of Homeland Security statement that three illegal aliens successfully enter the United States for every one who is apprehended, to which they laughed. THE REALITY, THEY SAID, IS THAT 10 OR MORE GET THROUGH FOR EVERY ONE WHO IS CAUGHT. Make it a felony to overstay a entry visa or slip by the US border patrol without permission. Give local police full power to arrest and detain illegal immigrants under the 287 (G) federal program. Fully fund all these program, including ICE audits around the country. Also construct the border wall as originally introduced by Rep.Duncan Hunter as a double fence, across America--not single standing wall. Bring in the National Guard to reinforce the US Border Agents, with the right to arrest criminals and a whole list of illegal entrants. Politicians should enforce our immigration laws, not pander to the open bor
Every year more than a million new immigrants are given visas to enter America, with no regard for the US workforce. These are supposedly well educated, highly skilled legal resident workers, but this is far from the truth. There is hardly no oversight to these sub-standard technical workers, who in many cases are substituted for Americans. We are jettisoned for individuals from the majority of poor countries who take minimum wages--far below what US workers expect? Stop unscrupulous lawyers in the pay of criminal employers, to import low skilled foreigners, who will become taxpayer charges? Start a points system to encourage highly skilled individuals, with powerful credentials in engineering, science and other sort after qualifications. According to sources their are at least 8 million foreigners are working illegally, so the rest of unauthorized people must be made up of family members? That arrives at an estimate of between 20 to 30 million people, who should have not stayed o
Make E-verify, the computer program in the SAVE ACT law, permanent and nationwide for every person new and old who draws a payroll check. E-verify will not express the deportation of millions of illegal immigrants, but severe risk to businesses being caught using illegal foreign nationals instead of citizens and legal residents, will start a country wide exodus. We should follow the example of less lenient other countries, such as Mexico. Being illegally in Mexico is a fast passport to prison or worse. See what happens to you, if you enter from Guatemala? If we need guest worker's in future years, organize it like a military program, with eye scans and fingerprint documentation. This must be strictly overseen by Federal agents and not by a lax, indifferent method through the Dept of Labor?
If the Democrats, Republicans and anti-sovereignty Liberals want Immigration Reform, all they have to do is amend the 1986 Simpson/Mazzoli law? This will save a huge amounts of money and wasted time in debating behind closed doors laws, not in the interest of the American public. To start the ball rolling implement huge penalties for company owners who ignore E-Verify, so judges can issue huge fines and mandatory prison with confiscation rights to their criminal businesses.
Gotta love how whenever one of these pathetic pseudonews pieces supporting them appears, the minuteboy thugs come in like a horde all at the same time to troll and repost with their sock puppets.
Boys: anyone with a brain can see it's always the same 4-5 braindead redneck thugs commenting at the same time.
Just like an old hag in irate conversation with herself X-D
Mexican swine-GO BACK TO MEXICO!
Schwilk brings a lot of this on himself by unnecessarily, by personally, viciously, attacking other people, including other Minutemen Groups. He does not work on the border, and does no do much to stop illegal immigration.
His primary focus is to bring money and attention to himself. He does in no way represent the vast majority of anti-illegal immigration activists, who, notably, have never been sued.
The biggest waste of court time and money has to be the attempted hijacking of Jim Gilchrist's Minutemen Project by former volunteers. They lost at every turn, but continued to waste court time and resources, and Schwilk supported them.
Don't dish it out if you can not take it.
I see the Jim Gilchrist insurgents have found this article and are blogging it with their hate and lies. They want to control San Diego for their fundraising activities, but San Diego rejects the JGMMP scam artists. Gilchrist's border director Shawna Forde is awaiting trial for double homicide and Gilchrist's donations are way down naturally.
SDMM is independent and very successful and that drives our detractors nuts.
California was part of Mexico, that explains why there are so many Mexicans there.
give them freedom to work and to walk without fear.Make them citizens, not criminals.
Legalize them!
NOTE:
we inherit laws made by the privileged for the privileged.
the less privileged are easily pushed to crime, so the
privileged can have a moral ground to their assertions.
SEGREGATION, for example...
I agree that counter-suing the immigrant rights gorups for abuse of process is the right approach. Just too bad the Minutemen are not smart enough to pull this off.
these dejens got togo rise up American put an end to the insanty
Note to SDMM - when you have to make a list of your enemies, you have made too many.
Didn't SDMM just prove the point they are all about money?
Deport this Daniel Gilleon clown. Traitor to America of the highest degree. He even gives lawyers a bad name.
These illegal alien plaintiffs will get laughed out of court. Defamation? Seriously? Don't just secure the borders, mine them!
Americans - all talk, no action, just a bunch of Keyboard Commandos.
Hey Crazy? Please post your address so the millions upon millions of welfare sucking illegals and their children can be sent to your backyard. They don't WANT to be legalized...that would mean they have to learn English, get off welfare and actually work.
"SDMM1 says: insurgents BLAH BLAH BLAH"
Gotta love the tendency to infighting as well. Let's do something, minuteboys: why don't you rent a large venue and start killing each other with your bare hands and leave some room for civilized people to build something in California? You could make it public too. We could call it "the Southern California fat clown massacre" X-D
btw, "heroes", why don't you tell the Examiner about your harassment of teachers and college students? It's not a crime to be dumbasses like you are, but at least leave the people who want to make something of their lives alone.
"Americans - all talk, no action, just a bunch of Keyboard Commandos. "
Too fat to do anything about anything, and they even want to expel the people that do the work! X-D
"Americans - all talk, no action, just a bunch of Keyboard Commandos. "
Too fat to do anything about anything, and they even want to expel the people that do the work! X-D
Who is more of corrupt scumbag?
1) Jim Gilchrist
2) Chris Simcox
3) Jeff Schwilk
That's a tough choice.
God the La Raza radical goons are stupid. Just read their blogs below and its easy to see why they still don't have their coveted amnesty and they never will. Childish sore losers. Congrats to Jeff Schwilk and the San Diego Minutemen for fighting and exposing this left-wing anarchy which is like a cancer on our society. We the People are rooting it out! Adios illegal aliens!
As they continue to pour in from south america, india, china, africa, etc., and file frivolous law suits in addition to criminal behavior, the entire country becomes more and more like LA, and Juarez. Email, Fax, Call, or Visit your Reps TODAY if you care about the future of the US.
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