|
One thing that is really starting to bother me badly is the total disregard of Federal law by cities, counties, Parishes and
States. From Drugs to Sanctuary cities, this is just wrong and the Federal government is just letting them get away with it.
California has been very blatant on this is recently with the legalization of recreational marijuana (29 other States also
allow some type of use and 7 other States allow recreational) and enacted a State law directing law enforcement agencies and
other government entities to ignore Federal immigration law, and for me, that is 'the straw that broke the camel's back'!
Either a State or City is a part of the United States or not. I think the Federal government should withhold any and all
Federal funds now sent to those States, Counties (parishes) and Cities that allow any action not in compliance with US Federal
law or who refuse to enforce Federal law. With all of the craziness going on recently, one thing that hasn't been covered
much, if at all, is the fact that the State of California legislature passed, such a law banning enforcement of US immigration
laws.
I am not a attorney, but I think I do know when something doesn't sound or look right. So, I did some brief research and
believe that this California law (and the newly passed Colorado law) actually violates U.S. Code Title 18 ; Part I ; Chapter
115 : Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United
States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten
years, or both; and shall be incapable of holding any office under the United States.
I would like to see them charge every elected official with Rebellion and/or Insurrection under 18 U.S. Code § 2383 or
harboring Illegal Aliens under 1907. Title 8, U.S.C. 1324(a). It seems to me that there comes a time where some accountability
must come from very poor decisions of elected officials. The United States Justice Department just winning the overturning
of the law and/or having the law declared unconstitutional doesn't really send a statement that poor decisions have consequences.
I believe that by having any elected official at any level in the United States should be indicted and should standing trial
personally with the possible outcome being them prosecuted to the full extent of US law.
The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy)
is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv)
and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term
of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which
case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations
of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in
the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty
for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C.
§ 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i),
offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien
is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three
year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment
is provided for third or subsequent offenses.
Many Cities and States are actively saying publicly that they will defy US laws. The Federal Government has to hold them
responsible and the easiest and most direct way is to withhold federal funds, although, we still think filing charges against
those directly leading and voting for these illegal programs would hold those responsible accountable.
|
