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Faisal Gill Talks About Illegal Aliens

By Greg L | 19 July 2007 | Illegal Aliens, 51st HOD District | 22 Comments

Faisal Gill, the official Republican nominee for the 51st in the District House of Delegates, had a press conference today in which he called for elevating the penalty for hiring an illegal alien to a felony.  It’s an interesting idea, although there may likely be a federal preemption in this regard and the Commonwealth may not have the legal authority to directly enforce immigration law in this way.  Federal laws regarding penalties for employers who hire illegal aliens are defined in 8 U.S.C. Section 1324(a)(h)(2) which prohibits criminal or civil sanctions against employers, and Gill’s proposal may run afoul of this provision of federal law.  While the intent here is laudable, this looks more like a miss than a hit.

The federal restrictions on states and localities in regards to immigration issues create a terribly difficult legal terrain that has to be navigated very carefully.  Supervisor Stirrup consulted with constitutional lawyers pretty extensively when drafting his proposals in Prince William County in recognition of how deliberate legislators must be when they enter this policy area.  While Faisal Gill clearly has the right idea here, it’s going to take a more deliberate approach that depends on the constitutional authority of states and localities to control licensing and permitting to overcome federal preemptions and equal protection issues, and this proposal doesn’t seem to conform with those requirements.  He might want to talk with the Immigration Reform Law Institute and get up to speed on this area of practice.
Fortunately his opponent, Democrat Paul Nichols, also misses the boat here.  Instead of addressing the legal issues here he focuses on his potentially faulty read of the the effects of this proposal, he falls back onto tired arguments that this is a federal issue and that the state and localities don’t have the power to do anything, which they actually do.  Nichols blew an opportunity here, since he could have argued that this was simply the wrong approach to correct a real problem.  Instead he ends up looking like an apologist for the illegal aliens.

Neither of these candidates, who are attorneys, has demonstrated a clear understanding of the issue.  It’s going to be a race between them as to who can get educated about the legal landscape here and develop constitutionally defensible positions which will connect with the voters.  In this opening salvo, Gill wins simply because he grasps that there’s a serious problem here that needs addressing, even if his solutions would never stand up to legal review.  That advantage may not last for long, though.



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22 Comments

  1. AWCheney said on 19 Jul 2007 at 2:09 am:
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    Strange thing for an immigration lawyer to support, wouldn’t you say? Unless, of course, he knew full well that it was impossible to pursue at the State level, thus giving him an easy out on the issue. Perhaps he should have asked Jackson Miller’s advice, if he were actually serious about getting tough on illegal aliens.

  2. OPDitch said on 19 Jul 2007 at 6:29 am:
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    Immigration lawer Faisal Mahmood Gill’s getting “illegal alien religion”?
    FROM HIS LAW FIRM’S WEB SITE just a few days ago:

    “Deportation/Removal
    Even if you or your loved one is already in the process of being removed from the U.S.,
    Gill & Gallinger may be able to help. We can help you qualify for protection from
    deportation based on Cancellation of Removal, Waiver of Deportation, Asylum, or other
    methods. Time is extremely important in situations dealing with possible removal, so
    contact the Gill & Gallinger today for a free consultation.”

  3. OPDitch said on 19 Jul 2007 at 7:21 am:
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    ooops Lawyer…..

  4. Batson D. Belfrey said on 19 Jul 2007 at 10:36 am:
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    I believe Gills position about as much as I beleive Rishell’s. They are both lying to get votes.

  5. anon said on 19 Jul 2007 at 11:04 am:
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    Gill believes this will help illegals. Seems like he wants to have it both ways. Take away the illegals jobs, yet tells them this will help the illegals.

    I help illegals about to be deported stay in the county and I help illegals by kicking them out by taking away their jobs. One could argue that he is a conservative at times and that he is liberal at other times.

    He is a illegal alien defender in the court system and an illegal alien fighter in the political system.

    Republicans may not be getting the conservative they think they are getting. What others issues does Gill support both the liberal and conservative view.

  6. OPDitch said on 19 Jul 2007 at 11:08 am:
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    Where is Jim Young? Is he out of town? Or has he been banned…. again?

  7. John Light said on 19 Jul 2007 at 11:18 am:
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    OP - we should not be concerned about Jim’s wherabouts, what we SHOULD be concerned with is the obvious double-standard that Faisal is taking. It is sad to see that two attorney’s do not have a grasp on this problem that NEITHER should really claim ignorance on.

    They say that actions speak louder than words. Looking at Faisal’s website for his firm, seems to me that he is an illegal apologist. Oh, by the way, ANYONE who has followed BVBL in the past knows what Faisal brings to the table, and I must say it looks like THAT food was purchased at the Roach Coach.

  8. freedom said on 19 Jul 2007 at 2:29 pm:
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    In his defense, Paul Nichols is still gearing up for the campaign…and if I’m not seriously mistaken, he’s doing a lot of listening at this stage…kinda odd for a politician, huh? :)

  9. Jonathan Mark said on 19 Jul 2007 at 6:36 pm:
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    I agree that it doesn’t matter where Jim Young is. However, he hasn’t updated his SkepticalObservor(sic) blog in a week. Someone should check that he is okay.

  10. AWCheney said on 19 Jul 2007 at 6:42 pm:
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    Why?

  11. Jonathan Mark said on 19 Jul 2007 at 9:16 pm:
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    Well, his remains might start to smell.

  12. Loudoun Insider said on 19 Jul 2007 at 9:23 pm:
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    Jonathan, that is hilarious!

    Maybe making hiring illegals a felony would help steer some more business Gill’s way, kind of like Albo and the traffic fines he put in the transportation bill.

  13. Bryanna said on 19 Jul 2007 at 11:57 pm:
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    Jim sues Unions for a living! They hire immigrants with work Visa’s but fail to monitor their expirations!

  14. Bryanna said on 20 Jul 2007 at 12:28 am:
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    Mr. Gill,
    I want to know that if it is already a misdemeanor for an employer to hire Illegal workers, and we don’t do a very good job enforcing it now, why would making it a felony be any different?

    The 9-11 Terrorist were all Muslim, and we know 6 out of the 19 were in violation of U.S. Immigration laws. They weren’t undocumented, they came here with visa’s and overstayed the expiration date, or under a student visa. How do you think we can solve this problem?

    Are you willing to sign a pledge stating that you fully intend to uphold the US Constitution to the highest degree and second to no other rule of law?

    Will you promise not to lobby Congress and Senate to repeal the Department of Justice’s use of undisclosed evidence against suspected Middle Eastern terrorists in deportation proceedings or any other legislation intended to weaken counterterrorism efforts?

    Will you promise not to “craft” legislation that will weaken the enforcment of Immigration law on a local, state or federal level?

    Do you believe we should secure the borders? I ask this because “all politics is local.”

  15. freedom said on 20 Jul 2007 at 3:30 pm:
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    Goooooooooooo Bryanna!!! :) …but do you really, I mean REALLY expect an answer? :)

  16. John Light said on 20 Jul 2007 at 5:01 pm:
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    Mr. Gill: Have you now or were you ever in the employ of either a terrorist or a terrorist supporting organization or other organization found on the Department of Treasury’s Office of Terrorism and Financial Intelligence website or worked for or alongside of in a business partnership with someone who did?(http://www.ustreas.gov/offices/enforcement/key-issues/protecting/charities_execorder_13224-a.shtml#a)

    Mr. Gill: Have you now or did you ever provide aid and comfort, in either a personal or professional level, to an illegal alien and agree to help said illegal alien “get to the front of the citizenship line”, so to say, ahead of those who had been waiting years doing it the LEGAL way? (http://www.gillgallinger.com/practice_immigration.asp) [see last paragraph]

  17. CONVA said on 21 Jul 2007 at 12:00 pm:
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    Once again, read “Infiltration” by Paul Sperry, pages 295 to 300 to grasp where Gill is coming from. It may be that he is against Hispanic illegals and fully supports Muslim illegals. In any case, he is not one to be trusted with our interests in Richmond or anywhere else.

  18. Bryanna said on 23 Jul 2007 at 5:22 pm:
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    Well Freedom, one can hope right?

    The reality of this situation is that Faisal doesn’t need to respond to this. The Muslim community has grown to 7 million compared to 6 million Jews that live in America today.

    The Muslim’s community is tightly organized and efficiently uses voter blocks to win elections. They claim to have demonstrated this by winning the presidency for George Bush and Governor Jeb Bush.

    Winning the HOD seat for Gill is viewed with great importance because it insures fair representation in the political process. Gill will be supported in mass numbers on election day, and those same voters will demonstrate their appreciation to his supporters with their votes.

    While the rest of us remain divided by our Republican or Democrat principles, they will join together in a powerful unity. I think there is a lesson in this for all of us.

  19. Jonathan Mark said on 24 Jul 2007 at 12:29 pm:
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    If you look at VPAP.org to see who is giving to Faisal Gill’s campaign you will observe that he gets practically no financial support from the largest demographic groups in the USA. These groups also make up the large majority of PWC voters.

    Gill doesn’t even get much financial support from HOD-51 residents.

    I find it difficult to believe that with half as much campaign cash on hand ($44K) as his opponent Nichols ($88K) that Gill is going to get out enough of his supporters to the polls to make up for their minority status. Unlike McQuigg and Kopko’s sham convention in June, people are not allowed to vote twice or without registering in November elections.

    Furthermore Gill is a partner in an illegal immigration law firm to boot! And a reckless driver and speed-limit scofflaw on top of that. He claims to be a Naval reserve officer, and I take his word for it, but his girth is not that of any officer I have ever met, and I used to work in the Pentagon almost daily.

    If someone with Gill’s record as Terror Lobbyist #1 wins in November then really, all hope is lost for America. But there is no place to go. When terror in the US becomes like in London because no one stands firm against terror sympathizers and spokespersons then what?

  20. anon said on 24 Jul 2007 at 6:25 pm:
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    Looks like Gill’s opponent has plenty of money to run several hit piece mailers on Gill. For Gill to win, Gill needs more money to counteract the charges that are going to be made against him.

    Hopefully Gill can come up with fifty thousand really quick.

  21. Harry said on 26 Jul 2007 at 9:18 am:
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    Maybe Gill will import enough other Gills(looking at his campaign report, there are plenty of them in the US, just not many in PWC) to stuff the ballot boxes in the 51st. Also, it looks like Gill is getting a free ride with his intimate associaction and support of Almoudi, the jailed terrorist. If it wasn’t for the intervention of Grover Norquist, Gill would have been canned by DHS because of his close association and advocacy on behalf of terrorists.

  22. Bryanna said on 27 Jul 2007 at 12:46 am:
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    Wanna play the “where is waldoislamophobia” game?

    Find the same contributor names on campaign reports for Gill-Stewart-Davis.

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