This is a pretty complicated business.
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The Supreme Court has ruled that the Federal Government may not require state and local governments to expend resources to enforce federal law, in Printz v. United States (1997), under the Tenth Amendment.
https://supreme.justia.com/cases/federal/us/521/898/case.html
To be charged, the state officials have to be taking federal funds and not doing what is required for those funds or actively blocking federal efforts, instead of simply refusing to follow federal orders.
In this case though it would not be expending resources to enforce Federal law, but expending resources to undermine it.
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):
A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
Btw...marijuana is a 10th amendment issue...The foreign invasion of the U.S. by illegal aliens sits squarely in the wheel house of the fed gubbermint.
If SCROTUS doesn’t like that, arrest them too.
Yet section 8 is pretty clear about the crime of harboring an illegal alien. The penalty can be as high as the death sentence. Read it here(very straight forward):
https://www.law.cornell.edu/uscode/text/8/1324
Interestingly enough anyone knowingly transporting an illegal alien is also equally guilty of a crime. It not just he politicians that are guilty of crimes serious enough to possibly warrant a death sentence.
This is interesting:
“(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.”
Sessions and the immigration officers are the only persons on earth than can enforce this Federal Law. If they can’t be arrested by the police then how can they be held for federal immigration officers. Big problem with the law here.
The next section:
“(e) Outreach program
The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.”
That section tells me that section 8 has been modified Sometime in the last 17 years. Since there was no Homeland security Hitler propaganda when section 8 was written. So I wonder if the previous section was modified as well.
Not complicat at all. These Leftists are illegally using their power of office to aid and abet the breaking of our laws and thereby placing at risk the lives of our citizens.
In California they are actively blocking efforts to enforce Federal Immigration Regulations, just read the ORDERS that come down from Mayors offices on up the chain of elected officials.
I’m sure CA is refusing all federal funds.
/s