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john Sines's avatar

Reports of state governors transporting illegal immigrant to other states without apparent coordination have been in the news lately and are likely attempts to score political points with their base. This transportation is against the federal law and would be prosecuted for anyone other that politicians engaging in this transportation.

1907. Title 8, U.S.C. 1324(A) Offenses

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- 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, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.

Penalties -- 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.

How is the behavior of these elected officials not subject to prosecution?

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James Ackerman's avatar

3 notes I think on the refugees sent to Massachusetts:

1) For the MAGAts, The Cruelty is the Point™ and we are kidding ourselves if we ever think it's not. In early 2019, after Trump shut down the government because Congress refused to fund his harebrained schemes on the border, a woman in Alabama in a town with a federal jail was quoted as saying "He's not hurting who he's supposed to be hurting". See, the jail was closed during the shutdown, so employees were furloughed and inmates relocated, and the jail was the town's only real, consistent employer for pay and benefits. So, does this woman call Trump out for his chicanery? Nope, she says he's not hurting who she want him too. Again, The Cruelty is the Point™

2) I'm not surprised to see the good people of Massachusetts respond how they are, because the people of DC and New York have responded similarly. Grace is accessible to us all but the, again for the MAGAts, The Cruelty is the Point™, so we should not be surprised they're galled at the fact others are actually responding to a crisis with Christian Charity

3) The GOP (again, really GQP) is wholly and utterly uninterested in solving the crisis at the border. We have had opportunity after opportunity to do so and they keep killing any agreements offered. Why? Solving it takes away a key animus for their base because, once more for the record, The Cruelty is the Point™.

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