Thread: 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.

Yes, absolutely! It's the aiding, abetting and harboring clauses. There are numerous statutes already on the books that any mediocre prosecutor could use to put these people away for years. They could put the churches and "charity" frauds away, too.

We don't have this outrageous problem due to lack of laws. We have this outrageous problem due to politicians and officials on the take with the drug cartels behind illegal immigration.

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.

If that's the case, then we have to go round them up. Our federal government has full Constitutional unrestricted authority to do that.

They are providing transportation by giving them Driver's License to drive a car. They should not be driving on our roads. Now BART is shielding them from Law Enforcement on their trains. They are providing Section 8 housing, and many are employed in local government offices in California.

Our own Federal Government issues tax refunds, knowing full well they are illegal. The Director of the IRS stated this in the media.

The City Hall meeting had irate US citizens because they were giving jobs to illegals instead of legal citizens.

They live in that city and state/HUD funded housing, too. I think perhaps better than getting involved in these legal issues, we should do a thorough examination of all HUD housing projects, check for verification that these tenants and occupants are citizens or legal residents. We should also do the schools. All public schools receive federal funding, we have every right to know what students are using these facilities who are in the country illegally, check their home address, and start rounding them up. At one time, I found the federal portion was around $1,000 per student per year. Then there's free school lunch as well. The feds have every right to use that information to round up people in our country illegally to deport them to their home countries.

The cities and universities that are KNOWINGLY providing housing/transportation to illegals and actively preventing Federal Agents from apprehending them can be prosecuted under 1324, absolutely. The problem with a lot of 1324 cases is that it is hard for us to prove the knowingly part, because the illegals provide false identities and stolen Social Security Cards and Legal Resident Cards to their employers, landlords, college administrators, etc., and those entities will claim that they didn't know they were illegal or that the documents were counterfeit.

When illegal aliens are apprehended and/or deported...is ICE notifying ALL Government benefit offices?

Is there a system in place?

We need to make sure if they were receiving food stamps, social security, disability, welfare, housing, Medicare, public school, IRS, Motor Vehicles, that any and ALL government freebies are terminated.

Former Secretary of DHS, Neapolitano...? now UCLA, completely supporting this sheet..(Sanctuary Cities )?...Isn't ridiculous..? Wandering how many of students are illegally overthere..

Originally Posted by Beezer

When illegal aliens are apprehended and/or deported...is ICE notifying ALL Government benefit offices?

Is there a system in place?

We need to make sure if they were receiving food stamps, social security, disability, welfare, housing, Medicare, public school, IRS, Motor Vehicles, that any and ALL government freebies are terminated.

Here in NYC, we do not notify the city of aliens who have been deported because the city does not care and will not do anything with the information even if we did tell them. The city employees are barred from cooperating with us in any shape, matter, or form. When an alien is deported, and that alien returns, they will usually steal someone else's identity, and apply for benefits under the other person's name. The city of NY does not fingerprint people who apply for benefits. They give drivers licenses to anyone who asks for one.