Why Isn't DOJ Upholding Existing Immigration Laws Against Interference

Million-dollar question: Why isn’t the Department of Justice enforcing the laws regarding the interference by elected and non-elected officials, Non-Profits, or others, with ICE’s responsibility for the locating, arresting, and deporting of illegal immigrants as provided by federal law?

Title 8 U.S. Code Section 1373(a) states in part: “A Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to or receiving from the Immigration and Naturalization Service information regarding the citizenship or Immigration status, lawful or unlawful, of any individual.”

Therefore, any governor, mayor, chief of police, or sheriff who orders his personnel to refuse to cooperate with Immigration and Naturalization Service regarding an individual’s citizenship or immigration status violates Section 1373(a).

hat about a sanctuary zone? Title 8, Section 1324(a)(1), provides: “Any person who provides – 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, shield from detection, such alien in any place, including any building or any means of transportation … shall be punished as provided by subparagraph (B).”

Penalties under Title 18, subparagraph (B) are a fine of up to $250,000 or imprisonment for up to five years. If the illegal alien causes serious bodily injury to another person. In that case, the penalty is up to 20 years in prison. If the alien causes the death of another person, the person aiding or concealing that alien can be punished by life imprisonment or even the death penalty.

These federal laws make clear that there are substantial penalties for public officials or citizens who aid illegal immigrants, particularly when the alien subsequently injures or kills another person.

Can any state law override these federal laws? The answer is no.

Article VI of the U.S. Constitution states: “This Constitution, and the laws of the United States … shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution of laws of any State to the contrary notwithstanding.”

Thus, states must follow federal law regardless of their state statutes or policies.

If Title 8 Sections 1373 and 1324 were enforced, we could regain control over our immigration problem. These laws have been on the books for decades. All that is needed is enforcement.

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