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01-25-2018, 03:08 PM #2
What is the test which determines the Act of Harboring?
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Here is the LINK where Fowler intentionally misdirects by suggesting the Trump Administration is trying to “take over” local police forces. As previously documented, the Court has confirmed local politicians cannot direct local police officers to not cooperate with federal law enforcement officers, and, the Court has also confirmed that “any person”, which would include local politicians, can be arrested for harboring. The only question here is, do “sanctuary city” politicians [mayors and governors] violate the harboring statute when they direct their law enforcement officers to not cooperate with federal ICE Agents. In this respect the law seems crystal clear.”In a later decision, the Second Circuit announced 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.” United States v. Kim, 193 F.3d 567, 574 (2d Cir.1999) (emphasis added); see also United States v. Cantu, 557 F.2d 1173, 1180 (5th Cir.1977) (stating that proper test is whether charged conduct tended “substantially to facilitate an alien's remaining in the United States illegally”) (quoting Lopez, 521 F.2d at 441).”
So, as it turns out, when sanctuary city politicians direct their law enforcement officers to not cooperate with federal ICE Agents, they have crossed the line and are engaging in the act of harboring.
JWK
American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade America’s borders to give birth.
Last edited by johnwk; 01-26-2018 at 04:01 PM.
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