Can sanctuary city officials be prosecuted under 8 U.S. Code § 1324?
See: 8 U.S. Code § 1324 - Bringing in and harboring certain aliens
(a)Criminal penalties
(1)
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.
Our open border crowd alleges the above law only applies to those engaged in “smuggling” aliens across the border. But this contention is without foundation!
People subject to punishment under 8 U.S. Code § 1324 - Bringing in and harboring certain aliens do not have to be involved in smuggling to be prosecuted. Harboring can apply to “any person” who knowingly harbors an illegal entrant. SEE: UNITED STATES v. ZHENG, United States Court of Appeals,Eleventh Circuit, 2002
"In considering this appeal, we first examine the language of the statute at issue. “As with any question of statutory interpretation, we begin by examining the text of the statute to determine whether its meaning is clear.” Lewis v. Barnhart, 285 F.3d 1329, 1331 (11th Cir.2002); see also Merritt v. Dillard Paper Co., 120 F.3d 1181, 1185 (11th Cir.1997) (“In construing a statute we must begin, and often should end as well, with the language of the statute itself.”). The Appellees assert that the language of § 1324 restricts its application to individuals who are in the business of smuggling illegal aliens into the United States for employment or those who employ illegal aliens in “sweatshops.” We disagree. Section 1324 applies to “[a]ny person” who knowingly harbors an illegal alien. Although § 1324 and § 1324a appear to cover some of the same conduct, “the fact that Congress has enacted two sections encompassing similar conduct but prescribing different penalties does not compel a conclusion that one statute was meant to limit, repeal, or affect enforcement of the other.” United States v. Kim, 193 F.3d 567, 573 (2d Cir.1999). The Supreme Court has noted that statutes may “overlap” or enjoy a “partial redundancy,” United States v. Batchelder, 442 U.S. 114, 118, 99 S.Ct. 2198, 2201, 60 L.Ed.2d 755 (1979), and yet be “fully capable of coexisting.” Id. at 122, 99 S.Ct. at 2203. We agree with the Second Circuit's analysis of §§ 1324 and 1324a that “nothing in the language of these two sections ․ preclude[s] their coexistence.” Kim, 193 F.3d at 573. The plain language of § 1324 does not limit its reach to certain specific individuals, and thus, the Government properly charged the Appellees with violating this statute."
The irrefutable fact is, any public servant who has taken an oath to uphold the laws of the United States, who “conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection” can be prosecuted under 8 U.S. § 1324 (a)
It’s time for the Trump Administration to go after public servants who flaunt the law, especially those in New York, California, Oregon and Iowa!
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.
The fact is, sanctuary city officials can be prosecuted under 8 U.S.C. § 1324
Quote:
Originally Posted by
ICEstorm
I don't believe they can be prosecuted under 1324, unless, the Gov. can prove that they are taking overt action to shield illegal aliens from apprehension by the Feds, such as providing housing for them or employment or transportation, knowing that they are illegal. The cities cannot be compelled to enforce Federal Law for the Gov. It is the equivalent of a citizen refusing to report a crime to the police. The citizen is not required to report a crime by law and cannot be held liable for not doing so.
In the decision, United States v. Kim, 193 F.3d 567, 574 (2d Cir.1999) the Second Circuit cited the following test for determining what constitutes shielding, concealing, and harboring under 8 U.S.C. § 1324: “harboring, within the meaning of § 1324, encompasses conduct tending substantially to facilitate an alien's remaining in the United States illegally and to prevent government authorities from detecting his unlawful presence.”
The bottom line is, Public Officers in sanctuary cities who engage in the above forbidden activities can, and should be, prosecuted for criminal conduct ”…tending substantially to facilitate an alien's remaining in the United States illegally and to prevent government authorities from detecting his unlawful presence.”
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.
