Thread: It is a fed crime to transport an IA: Seizure and forfeiture

March 5, 2008
It is a federal crime to transport an illegal alien: Seizure and forfeiture
Posted by D.A. King at 8:45 am

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324: http://www4.law.cornell.edu/uscode/usco ... -000-.html

§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who— …

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; …
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;…

(b) Seizure and forfeiture
(1) In general

Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

(2) Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.
(3) Prima facie evidence in determinations of violations
In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

http://www.thedustininmansociety.com/blog/?p=1400

My legaleze is not proficient enough to help me understand if this means that only those vehicles being used to bring illegals into the country can be seized or could it be expanded so that, for example, the police can seize the pick-up trucks, vans, etc. being used to transport illegal aliens to day jobs?

It really does not matter as they do not enforce the laws anyway!!

Originally Posted by alisab

It really does not matter as they do not enforce the laws anyway!!

Now that our states are enacting laws to address the problem, our law enforcement officers are now beginning to!

The implications of this portion of the law have been subject to differing interpretations, depending upon which Federal circuit one is in. To put it simply: Is some one who unwittingly gives an illegal alien a ride for a mile subject to the same penalties as someone who knowingly seeks to further or enhance an illegal alien's violation of US laws?

Originally Posted by napanic

Originally Posted by alisab

It really does not matter as they do not enforce the laws anyway!!

Now that our states are enacting laws to address the problem, our law enforcement officers are now beginning to!

Actually, that big bust that ICE made in L.A. did use this law. The confiscated all of the vehicles and items used in the illegal immigration trafficking ring. So yes, they are using this. Now if they are targeting drop houses for drugs they can confiscated those houses too because of the drugs. There may be more statues that apply to harboring illegals in homes and can be confiscated they just aren't mentioned here.

Great! Come on ICE - let's keep it going!

Oklahoma started the BALL rolling on this! Now the REST of the states need to FOLLOW and FAST!