Can sanctuary city officials be prosecuted under 8 U.S. Code § 1324?

ICEstorm...terrible! I hope this changes within the next 4 years and these freebies are cut off!

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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.

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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.

I hope AG Sessions directs all of the US Attorneys Offices across the country to vigorously investigate these cities to see if they are actively and knowingly shielding illegals. I know the cities will argue that they do not know who is illegal and who is not illegal, therefore, they cannot be compelled to determine the immigration status of residents in their cities. It all depends on whether Trump can pack the Supreme Court with Conservative justices, because the way the SCOTUS is now, I do not have much confidence that they will rule in our favor on this issue.

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Originally Posted by johnwk

Can sanctuary city officials be prosecuted under 8 U.S. Code § 1324?

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I sure hope so.

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Originally Posted by ICEstorm

I hope AG Sessions directs all of the US Attorneys Offices across the country to vigorously investigate these cities to see if they are actively and knowingly shielding illegals. I know the cities will argue that they do not know who is illegal and who is not illegal, therefore, they cannot be compelled to determine the immigration status of residents in their cities. It all depends on whether Trump can pack the Supreme Court with Conservative justices, because the way the SCOTUS is now, I do not have much confidence that they will rule in our favor on this issue.

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Yeah, forget the courts. They haven't ever ruled in our national interest on any of the cases involving illegal aliens or immigrants and they won't now either. Forget that.

Stay within the laws of Congress and deport these people out of here. That is a constitutional power and undisputed in Article 1, Section 9.

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Originally Posted by ICEstorm

I hope AG Sessions directs all of the US Attorneys Offices across the country to vigorously investigate these cities to see if they are actively and knowingly shielding illegals. I know the cities will argue that they do not know who is illegal and who is not illegal, therefore, they cannot be compelled to determine the immigration status of residents in their cities. It all depends on whether Trump can pack the Supreme Court with Conservative justices, because the way the SCOTUS is now, I do not have much confidence that they will rule in our favor on this issue.

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It's very easy to set up a sting operation and nail state public servants who engage in 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

When our elected officials go on national TV like Governor Jerry Brown and openly invite illegal immigrants into their state, how is that not showing intent to break the law?