Guerrilla Law - Suing the Illegal Alien and the Incorporated Traitor Who Hires Him

As I . . . threatened, let’s say – “promised” sounds like you were waiting with baited breath – we’ll continue with my “guerrilla law” tactics discussion. First, let me clear up a couple of things concerning the court system – stipulating first, and again, that I am not a licensed attorney. There’s nothing the government would like better than to have an opening as obvious as that one. This is, after all, not called “guerilla law,” and I the “guerrilla lawyer,” for nothing.

This is historical and actual fact, and I discuss it in that manner only. You could look up – Google – it all. Having done that, you’d have learned that the civil – as opposed to criminal – courts once called civil courts and courts of equity are now lumped into what are called “trial courts.” Equity courts were those wherein – nice, legal, word that – disputes of the kind I mention were settled. “Adjudicated” was the term, meaning literally “judged.” Both courts, together with marine Law courts – marine law is a special kind of contract law – are now “trial” courts. When you are a government or a lawyer, always do whatever you can to confuse as many people as you can. The enumeration, taxonomy, and stratification of the courts system can be found in scores of places on the Internet – here’s one:

http://www.maxwell.syr.edu/plegal/scales/court.html

Courts, all of them, nowadays have acquired – everything in a nation like this is because the people let it happen – sweeping powers, powers they really don’t like to have discussed in public. One pull, the whole house of cards would come tumbling down, or require buttressing from men with guns. That, you may have noticed, has become the tactic much preferred in the Land of the Free with literally hundred of people being shot to death every year by cops with search and arrest warrants issued by courts. A Cato Institute researcher has found more than three dozen cases wherein totally innocent people were killed by police and FBI Hostage Rescue Team para-military troopers in mistaken raids. In twenty more instances cases, nonviolent and unarmed offenders have been killed; and, finally, more than a dozen police officers have been killed by suspects or mistakenly targeted civilians who thought police storming their homes were criminal intruders (big surprise, that – what would anyone think?).

http://www.cato.org/new/pressrelease.php?id=42

In the majority of these matters, a simple phone call from the sheriff (the method used by all the law enforcement agencies with which I was associated as a police officer and private detective), police, FBI, or other authority would have brought the “subject” – the word preferred by police in the Land of the Free – to the appointed place without trouble. I mention it all in order to candidly say what we’re up against – George W. Bush isn’t the only nut case in authority these days.

When you sue someone, as the Nolo Press books I recommend will also tell you, what is called a “summons and complaint” is issued by the court. You write the complaint, the court stamps it and returns it to you with the summons for the defendant – the guy you’re suing. You have the sheriff or someone older than twenty-one not a relative or associate serve both the summons and the complaint on the defendant. You can’t serve it yourself, for what might be obvious reasons. In small claims cases, you simple go to the court house and small claims clerk, get the forms to fill out, then have them served or serve them yourself by certified mail. Always, the rules for service are published in what are called Rules of Civil Procedure, and these may be different from court to court or jurisdiction to jurisdiction (the area, subject matter, and amount of money over which the court has authority). There are, in that regard, several levels of court – generally municipal, country, state, and federal.

The federal courts are the Supreme Court, the Courts of Appeals, the District Courts, and the Bankruptcy Courts, and each state has a court system that exists independent from the federal ones. State court systems have trial courts at the bottom level and appellate courts at the top. It might be useful here to point out that more than ninety-five percent of the nation’s legal disputes are settled or “decided” in state or local courts.

Some states have two appeals – “appellate” court levels, others only a single appellate court. Variation in the way the courts are organized and named is just what you’d expect of a legal system designed for self-protection and confusion of the public they supposedly serve. “Family” courts, for instance, settle divorce and child-custody disputes, and “probate” courts handle the settlement of estates – property of persons deceased. Below the specialized “trial” – remember? - courts are more trial courts, called magistrate courts, justice of the peace courts, and what have you. Courts at this level handle a variety of minor cases, like traffic offenses, and usually do not use a jury.

Cases decided in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried.

Okay. For the practice of guerrilla law, the courts we’re most interested in are the small claims courts. The routine collection of small debts forms a large portion of the cases brought to small claims courts, together with things like evictions and landlord - tenant disputes. While it’s true that the business and jurisdiction of the small claims courts encompass small and private disputes where large amounts of money are not at stake, the potential power of the small claims court where guerrilla law having to do with illegal immigration, for instance, is immense.

As I said earlier, imagine getting summons and complaint from five hundred people demanding a small claims court limit – ten thousand dollars (the usual limit), let’s say. Five million dollars (five hundred times ten thousand) is not “small.”

When you sue in small claims court, you will probably waive any right to claim more than the court can award. In some jurisdictions, a party who loses in a small claims court can proceed to a totally new – “de novo” - trial in a court with higher monetary authority and “jurisdiction,” one with more formal procedures.

The Rules of (Civil) Procedure I mentioned a minute ago, together with the Rules of Evidence are sometimes – usually, in fact, - simplified. Among the reasons for that is making costs of procedures economically reasible. A guiding principle of the small claims courts is that rules and procedures should make it possible for individuals to conduct their own cases and represent themselves without recourse to a lawyer. Expensive court procedures such as interrogatories and depositions are usually not allowed in small claims court. In some small claims jurisdictions, though, corporations must appear represented by a lawyer. “Rules of Pleading – those papers and what you have to say in them - are likewise simplified in small claims court, and in many courts systems, no formal – written and filed with the clerk - answer is required of the defendant.

Failing to answer – or, as it is called, “appear” (while one can actually show up, it just means answer the complaint) – results in what is called “default” and “default judgment” – the court finds in favor of the plaintiff. “Judgment” is the court’s ruling that the defendant owes whatever was asked – sometimes called “prayed” – for. Practically all matters filed in small claims court are set by the court (the “Clerk of Court” does that) for trial. Trial by jury is seldom – just about never - conducted in small claims courts, something set by law establishing the court, and “remedies” - things like injunctions – an order by a court against something being done, including protective orders - are seldom available from small claims courts.

We don’t care about it here, but most states don’t allow “domestic relations” – family law and disputes - to be heard in small claims court.

To bring any lawsuit requires what is called a “cause of action.” That’s what is called a tort. A tort, by one definition, is “the breach of a civil duty owed to another that results in injury, and requires a response in damages.” Coming to the United States illegally, then obtaining under illegally and or under otherwise false pretenses a job, is a “tort.” Against you, the “plaintiff.” “Injury” means damage to your property or your person, and, basically, costing you money (disfigurement, pain, and that sort of thing may not cost money but they, too, are “injury” – requiring payment in “damages”). “Damages,’ means the expense of restoring whatever has been injured or damaged. Illegal immigration is a tort, it results in “injury” and it requires a response in “damages.”

Research by a number of concerns suggest that as much as fifty percent of wage-loss to low-skilled and laboring citizens of the U.S. is due to illegal immigration. Native U.S. workers lose not just wages but their jobs through illegal immigrant competition. One research group has estimated that nearly two million U.S. workers lose their jobs every year by immigration; and the cost for providing welfare and assistance to these people is more than fifteen million dollars a year. The National Research Council, part of the National Academy of Sciences, found that in one year, 1997 that the average illegal immigrant who hasn’t completed high school of the Mexican equivalent imposes a net fiscal burden on our economy of eighty-nine thousand dollars during his or her lifetime here. The average immigrant with a high school education creates a lifetime fiscal burden of thirty-one thousand dollars. Your taxes pay the bill.

And that’s a small part of what Illegal aliens in this country cost you. Medical services for aliens have cost the U.S. taxpayer millions of dollars. Dozens of hospitals in Texas, New Mexico Arizona, and California, have been – are being - forced to close or face bankruptcy because of federally-mandated programs requiring free emergency room services to illegal aliens. More, the U.S. taxpayer pays his share of the half-a-billion dollars per year required in order to incarcerate illegal alien criminals who another study says cross the border at the rate of a hundred twenty a day.

The illegal alien, as we’ve already stated, isn’t the only one “breaching a civil duty to you.” Corporate interests reap the benefits of cheap labor, while taxpayers – not the corporations - pay the infrastructural cost. Research says the net annual cost of illegal immigration from Mexico is between sixty seven and eighty seven billion a year. The National Academy of Sciences found that the net fiscal drain on U.S. taxpayers is between a hundred sixty-six and two hundred twenty six dollars a year per U.S. household. Even people who claim overall economic gain for the U.S. have had to admit that any gain is outweighed by the staggering fifteen to twenty billion dollar cost to U.S. taxpayers.

Illegal aliens in the U.S. send home to Mexico as much as fourteen billion dollars, a massive transfer of wealth taken for all practical purposes from the displace working poor among U.S. citizens.

In a recent year, the total K-12 school expenditures for illegal immigrants cost U.S. states seven billion, four hundred million dollars annually. That’s enough to buy books and supplies, even a computer, for every junior high school student in the country.

And it goes on. “Anchor babies” cost YOU. An illegal alien mother only has to say she is "undocumented" in order to receive immediate - and free - medical care. When the hospital can’t collect from momma, it collects from you – you don’t really think they eat the cost, do you? I’ve already mentioned here what happened when my wife’s fall at work resulted in my reading signs at the hospital emergency room blatantly (in Spanish, of course) telling illegal aliens that triage costs could not be denied them; but payment for the same was dutifully demanded of us – because we weren’t illegal aliens. When I said we were Hispanic – Rita and I both speak Spanish – and illegal, it drew a furious and indignant response from the Hispanic hospital official.

Not long ago, it was revealed that Mexican ambulance drivers were – still are - driving their hospital patients who can't pay for medical care in Mexico to facilities in the United States (right across the border, under the authorities noses!), knowing that the federal Emergency Medical Act mandates that U.S. hospitals with emergency-room services must treat anyone who requires care, including illegal aliens. Meanwhile, you and I are supposed to believe that hospitals absorb the more than two hundred million in un-reimbursed costs to treat the illegal aliens. Sure - that’s why health costs never rise, and the public in the U.S. is regaled daily about all the people who have no health care insurance, and the broken health care system in general. Sure. Even at that, one has to believe that some emergency rooms have shut down because they simply can’t afford to stay open, meaning that local, tax-paying citizens are either denied medical care or have to wait in long lines for service as the illegal aliens flood medical facilities.

These costs are also staggering; and they have to be paid somewhere, by somebody. Guess who. Some time ago, while making a trip to San Diego, a Phoenix newspaper reported that the Cochise County, Arizona Health Department spends as much as thirty percent of its annual nine million dollar budget on illegal aliens. Other hospitals – Bisbee and Tucson, for instance – report similar straits. In Colorado, the state’s Medicaid program paid thirty million dollars in one year, delivery costs for six thousand illegal immigrant mothers. In Georgia, one hospital system established a thirty-four million dollar reserve in order to cover its anticipated outlay for illegal aliens in the year two thousand and three. In two thousand and three, the federal General Accounting Office studied the impact of illegal immigrants on Arizona and other border states health care systems. Just three hospitals, those in Cochise County, AZ again, paid more than a million dollars in un-reimbursed health care costs. The Florida Hospital Association survey of twenty-eight hospitals revealed health care for illegal aliens totaled forty million dollars.

Oh, you have “damages,” all right. These figures were obtained from an online website:

*Illegal alien households are estimated to use $2,700 a year more in services than they pay in taxes, creating a total fiscal burden of nearly $10.4 billion on the federal budget in 2002.

* Among the largest federal costs: Medicaid ($2.5 billion); treatment for the uninsured ($2.2 billion); food assistance programs ($1.9 billion); the federal prison and court systems ($1.6 billion); and federal aid to schools ($1.4 billion).

* If illegal aliens were legalized and began to pay taxes and use services like legal immigrants with the same education levels, the estimated annual fiscal deficit at the federal level would increase from $2,700 per household to nearly $7,700, for a total federal deficit of $29 billion.

* Although they create a net drain on the federal government, the average illegal household pays more than $4,200 a year in federal taxes, for a total of nearly $16 billion. However, they impose annual costs of more than $26.3 billion, or about $6,950 per illegal household.

“ Immigration causes average wage decline among U.S. citizens of $1,700 (my estimates are higher, but let’s go with that one).

Two decades' growth in the supply of immigrant workers cost native-born U.S. men an average $1,700 in annual wages by the year 2000, a top economist has concluded.

The task of proving tort here is pretty simple and easy, the proof having been made repeatedly and for years, in the media. What will require a little more effort is damages. Those last two figures there should do the trick. Multiply seventeen hundred dollars a year by whatever number of years are appropriate, and your action is ready to file. All that is required is a means of introducing the numbers into evidence, either an economics professor or other expert who knows how to do the calculations all the people I have cited here have done. In small claims court, you may remember, that isn’t necessary. You just have to cite the figures here. I’m researching other methods of proof, too, and – provided I don’t have to practice law to do it – I will explain them here.

Meanwhile, winning in small claims court doesn’t automatically ensure payment of damages, incidentally. If the defendant is insured – as a company hiring illegal aliens, for instance, might very well be - collecting might be easy, but that’s not going to be the case with a illegal alien. He’s going to flee – for guess where? And, yup, he’ll be right back as soon as he thinks the heat’s off. Then, you have to chase him down, file a lien against whatever he owns – his car, for instance.

But, you are now a better deterrent to illegal immigration than anybody – even the police; even the feds. Once you have a lien on the alien’s car – voila! It’s yours for the repossession, same as if you’re the bank with a lien on a car. When Jose learns that his wheels are subject to being seized at any time, guess where he’s going to go, and stay.

Next in the guerrilla lawyer’s bag of tricks is a simple one, as simple as a letter. We’ll get to that next time – this is already to long.



Let’s, for instance say that you publish in the local paper an add or article that announces the formation of a citizen’s committee.

And, parenthetically, yes, you’re damned right that means you’re a “vigilante.” It isn’t – no matter what you may think and what anybody tells you – to be a vigilante. Crime by a vigilante is no different than crime by anyone else – somebody who isn’t vigilant and doesn’t give a damn about his country, for instance – but being watching out for crime and criminals isn’t a crime, it’s a civic duty. Neighborhood Watches, for instance, are by definition “vigilance committees” – the derivation of the word “vigilante” – and the aren’t against the law. Sometimes the bullshit being spewed by the media is past credibility (unless you stop to think who’s purposes if serves, that is) like the Harvard Law School Graduate the other day who said on CNN that people who watched while doing nothing a ninety-on year old man being beaten senseless by the thug stealing his car were doing the right thing. To intervene, he implied, would be vigilantism.

Anyway, let’s say you announce that you will begin watching businesses and other employers for illegal aliens. Reason for watching? Lawsuits of the kind I’ve been discussing. We’ll talk about that more next time, and continue, too discussion of “proving up” damages for a small claims court or other action.

As I said, its’ time to take back our country. “Let’s Roll!”