Thread: the rule of law and harboring illegal entrants, 8 U.S.C. § 1324 and santucary cities

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

(A)Any person who—

(iii)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, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;


(II)aids or abets the commission of any of the preceding acts,


shall be punished as provided in subparagraph[ B].



See: UNITED STATES v. KHANANI, United States Court of Appeals,Eleventh Circuit, Decided: October 02, 2007

On 21 July 2004, a federal grand jury returned a third superceding indictment charging Saleem Khanani and David Portlock, among others, with offenses relating to Khanani's employment of aliens who were not authorized to work the United States and to the related failures to pay state and federal taxes.   The first 53 counts charged that Khanani, Portlock, and others had “encouraged and induced” named, unauthorized aliens to reside in the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv).   R552 at 1-4.  

At trial, Khanani's primary defense was that he merely employed undocumented workers and that mere employment, at most, constitutes a misdemeanor under a separate and uncharged provision of the immigration laws, 8 U.S.C. § 1324a.   Khanani and Portlock requested that the court instruct the jury that “[t]he employment of an illegal alien in and of itself does not constitute” encouragement or harboring under § 1324(a).   R755 at 4, 9.   The requested instruction was denied

On appeal the conclusion was

"We hold that the district court did not err in declining to give the requested “mere employment”

Also check out:

United States of America v. David Allen Andeton

David Allen Anderton was found guilty by a jury on multiple counts of harboring illegal aliens, conspiracy, and visa fraud on Dec. 15, 2016, following a seven-day trial.


JWK

American citizens are sick and tired of being made into tax slaves and forced to finance the personal economic needs of millions of foreigners who have invaded America’s borders.

Would this apply to sanctuary cities?

Originally Posted by posylady

Would this apply to sanctuary cities?

It most definitely applies to any public servant who uses their authority in a manner which "conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection" illegal entrants. No one is above the law! The rule of law is there for our protection!

JWK




"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story

It needs to apply to Churches as well...they are not above the Law.

We need to terminate the tax-exempt status of ALL Churches. They have turned into a political, money grubbing enterprise under the guise of charity.

Originally Posted by Beezer

It needs to apply to Churches as well...they are not above the Law.

We need to terminate the tax-exempt status of ALL Churches. They have turned into a political, money grubbing enterprise under the guise of charity.

I don't know about terminating the tax-exempt status, but an Officer of the Church who "conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection" illegal entrants ought to be prosecuted.

JWK

It applies to any and everyone as I understand it. There is no "sanctuary" from US law in the United States, not a church, not a city, not a home, not a property, not anywhere. Our law enforcement officers totally dropped the ball when that woman was holed up in the church all those months. Ridiculous. They should have raided the place day one and hauled her ass out and detained/deported her. NO MORE!!

Originally Posted by Judy

It applies to any and everyone as I understand it. There is no "sanctuary" from US law in the United States, not a church, not a city, not a home, not a property, not anywhere. Our law enforcement officers totally dropped the ball when that woman was holed up in the church all those months. Ridiculous. They should have raided the place day one and hauled her ass out and detained/deported her. NO MORE!!

You forgot . . . and prosecuted those in the Church who engaged in harboring an illegal entrant, Elvira Arellano, who was convicted of Social Security fraud for using a fake Social Security number and ordered to be deported.

Trump Vows to ‘Destroy’ Law Banning Political Activity by Churches