Author Topic: Border Patrol cracks down on those engaging in harboring illegal entrants .  (Read 578 times)

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Offline johnwk

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See
Border Patrol arrests man who gave aid to immigrants crossing the desert
01/23/18

"An Arizona man was reportedly arrested last week on a federal harboring charge after Border Patrol agents surveilled a building near the Mexico border where food, water and clean clothes were provided to immigrants."


And what exactly is the criminal offense called  “harboring”?  see 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 .

Is it not time to also charge and arrest communist/socialist elected leaders of sanctuary cities and states like California’s Governor Jerry Brown and New York City Mayor Bill de Blasio?


JWK




Without a Fifth Column Media, Yellow Journalism and a corrupted FBI, Loretta Lynch, Hillary Clinton and Barack Hussein Obama, would be making license tags in a federal penitentiary




Offline skeeter

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ICE is definitely stepping up their game. They're very active in CA now, to the purported dismay of the local authorities.

A showdown's comin'.

Offline johnwk

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ICE is definitely stepping up their game. They're very active in CA now, to the purported dismay of the local authorities.

A showdown's comin'.

They need to go after political leaders who are advocating anarchy and actually engaging in harboring!

Did you see Jerry Brown’s Senate Bill 54 which protects illegal entrants and violates federal law?


The argument is repeatedly made that local police are under no obligation to enforce Federal Law.  But the argument under review is not about “local police” being under an obligation “…to enforce Federal Law.”  That argument is an intentional distraction injected into the conversation to avoid what is being argued.  What is being argued is political hacks, such as the Governors and Mayors of sanctuary cities being in violation of the law when they order their local law enforcement officers to not cooperate with Federal ICE Agents.


There is an enormous distinction between local political leaders ordering local law enforcement officers to not cooperate with ICE Agents, and local police refusing to cooperate. In this discussion we need to talk about the former and not the latter.  We need to talk about local elected leaders, such as the communist, socialist, progressive Jerry Brown and his Senate Bill 54 which limits local law enforcement officers in their communications with Federal Ice Agents.


And what has the court stated about local elected leaders restricting their law enforcement officers from cooperating with our federal government?


For the answer to this question let us read Judge Harry D. Leinenweber’s recent WRITTEN OPINION dealing with 8 U.S.Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service



_“The constitutionality of Section 1373 has been challenged before. The Second Circuit in City of New York v. United States, 179F.3d 29 (2d Cir. 1999), addressed a facial challenge to Section 1373 in similar circumstances. By executive order, New York City prohibited its employees from voluntarily providing federal immigration authorities with information concerning the immigration status of any alien. Id. at 31-32. The city sued the United States, challenging the constitutionality of Section 1373 under theTenth Amendment._


Id. at 32.

_The Second Circuit found that Section 1373 did not compel sate or local governments to enact or administer any federal regulatory program or conscript local employees into its service, and therefore did not run afoul of the rules gleaned from the Supreme Court’s Printz and New York decisions. City of New York, 179 F.3d at 35. Rather, the court held that Section 1373 prohibits local governmental entities and officials only from directly restricting the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.”


_______ 


Harboring illegal entrants is a criminal offense, which is exactly what elected political hacks in sanctuary cities/states are doing when they instruct local law enforcement officers to not cooperate with ICE Agents.


And what is the definition of harboring?  CLICK HERE for the Courts’ own words:


”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, 193F.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”) (quotingLopez, 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. 


The bottom line is, our open border crowd is intentionally eengaging in a distraction when talking about local police not being required to enforce federal law.  The subject underdiscussion is about local elected politicians ordering local law enforcement officers to not cooperate with Federal Ice Agents ___ an act which falls within the definition of harboring as stated by the Court!

So, when will Jeff Sessions grow a spine, send federal Marshalls into sanctuary cities and arrest, and then prosecute, local elected leaders who engage 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.



Offline Bigun

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They need to go after political leaders who are advocating anarchy and actually engaging in harboring!

Did you see Jerry Brown’s Senate Bill 54 which protects illegal entrants and violates federal law?


The argument is repeatedly made that local police are under no obligation to enforce Federal Law.  But the argument under review is not about “local police” being under an obligation “…to enforce Federal Law.”  That argument is an intentional distraction injected into the conversation to avoid what is being argued.  What is being argued is political hacks, such as the Governors and Mayors of sanctuary cities being in violation of the law when they order their local law enforcement officers to not cooperate with Federal ICE Agents.


There is an enormous distinction between local political leaders ordering local law enforcement officers to not cooperate with ICE Agents, and local police refusing to cooperate. In this discussion we need to talk about the former and not the latter.  We need to talk about local elected leaders, such as the communist, socialist, progressive Jerry Brown and his Senate Bill 54 which limits local law enforcement officers in their communications with Federal Ice Agents.


And what has the court stated about local elected leaders restricting their law enforcement officers from cooperating with our federal government?


For the answer to this question let us read Judge Harry D. Leinenweber’s recent WRITTEN OPINION dealing with 8 U.S.Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service



_“The constitutionality of Section 1373 has been challenged before. The Second Circuit in City of New York v. United States, 179F.3d 29 (2d Cir. 1999), addressed a facial challenge to Section 1373 in similar circumstances. By executive order, New York City prohibited its employees from voluntarily providing federal immigration authorities with information concerning the immigration status of any alien. Id. at 31-32. The city sued the United States, challenging the constitutionality of Section 1373 under theTenth Amendment._


Id. at 32.

_The Second Circuit found that Section 1373 did not compel sate or local governments to enact or administer any federal regulatory program or conscript local employees into its service, and therefore did not run afoul of the rules gleaned from the Supreme Court’s Printz and New York decisions. City of New York, 179 F.3d at 35. Rather, the court held that Section 1373 prohibits local governmental entities and officials only from directly restricting the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.”


_______ 


Harboring illegal entrants is a criminal offense, which is exactly what elected political hacks in sanctuary cities/states are doing when they instruct local law enforcement officers to not cooperate with ICE Agents.


And what is the definition of harboring?  CLICK HERE for the Courts’ own words:


”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, 193F.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”) (quotingLopez, 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. 


The bottom line is, our open border crowd is intentionally eengaging in a distraction when talking about local police not being required to enforce federal law.  The subject underdiscussion is about local elected politicians ordering local law enforcement officers to not cooperate with Federal Ice Agents ___ an act which falls within the definition of harboring as stated by the Court!

So, when will Jeff Sessions grow a spine, send federal Marshalls into sanctuary cities and arrest, and then prosecute, local elected leaders who engage 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.


EXCELLENT post and welcome to TBR! 
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline skeeter

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They need to go after political leaders who are advocating anarchy and actually engaging in harboring!

Did you see Jerry Brown’s Senate Bill 54 which protects illegal entrants and violates federal law?



Yeah, even though he's on his way out after 40 excruciating years Jerry Brown isn't yet quite finished crapping in the nest.

Offline johnwk

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EXCELLENT post and welcome to TBR!

Thank you! 

JWK

There was a time not too long ago in New York when the able-bodied were ashamed to accept home relief, a program created by Franklin D. Roosevelt in 1931 when he was Governor. Now, New York City and many other major cities are infested with countless government cheese factions from **** hole countries, who not only demand welfare, but use it to buy beer, wine, drugs, sex, and Lotto tickets.