This article was written by the distinguished retired jurist, John H. Wilson.
It is hard to hear about this incident without being incredulous. On the day after Christmas, California Police Officer Ronil Singh was gunned down during a DUI traffic stop by illegal immigrant Gustavo Arriaga. Arriaga, from Mexico, had gang affiliations, two prior DUI arrests, and had entered the country illegally by crossing the border in Arizona.
Officer Singh, himself a legal immigrant, left behind a wife and young child.
This event was already national news when it was mentioned by President Donald Trump in his televised speech to the nation: “America’s heart broke the day after Christmas when a young police officer in California was savagely murdered in cold blood by an illegal alien, just came across the border. The life of an American hero was stolen by someone who had no right to be in our country. Day after day, precious lives are cut short by those who have violated our borders.”
Unfortunately, there is nothing new about “someone who has no right to be in our country” killing someone who does. From Kate Steinle (whose murderer was only found guilty of illegally possessing a firearm) to Pierce Corcoran, who was killed in Knoxville December 29 by an illegal immigrant driving without a license or insurance, there is no escaping the fact that illegal immigrants are killing people at an alarming rate.
This leads to two question which must be asked – are the policies of sanctuary cities directly responsible for the deaths of these innocent people, and if they are, can the politicians who support sanctuary policies be prosecuted?
The Acting Director of ICE certainly believes this to be the case. In remarks made after the murder of Police Officer Singh, Thomas Homan stated that “politicians should be held ‘personally accountable’ for crimes committed by people living in the U.S. illegally…’We’ve got to start charging some of these politicians with crimes.'”
But exactly what crime could these politicians be charged with? One seemingly obvious choice would be Obstruction of Justice.
18 USC Chapter 73 defines “Obstruction of Justice” in a variety of manners. Sec 1502 makes it crime to resist an “extradition agent,” however the agents described transport prisoners from one prison to another within the United States. Section 1505 criminalizes the “obstruction of proceedings before departments, agencies, and committees,” but by its language, “(w)hoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States,” an argument can be made that this statute would not apply. An immigration detainer is not necessarily a “pending proceeding,” and to the knowledge of this author, none of the leaders of any sanctuary city have threatened the use of force, or sent any letters that could be construed as threatening to ICE.
Section 1510, which makes it a crime to obstruct a criminal investigation would not apply, since immigration proceedings are civil and not criminal in nature, and while Section 1511, “Obstruction of State and local law enforcement,” may sound promising, that statute only applies to actions intended to facilitate an illegal gambling operation.”
Finally, 18 USC 1509, “obstruction of court orders” will not apply, since an Immigration court is not a “court of the United States” (18 USC 1515(a) defines “official proceedings” as occurring before “a judge or court of the United This program is offered to you so tadalafil 20mg price cheap that all can afford it. Speedy, simple baby sitting support, correct? Correct! You’ve viagra canada pharmacies most likely found out about reactions. These disorders are an extremely sensitive source of anxiety for purchase viagra online http://respitecaresa.org/author/pgillispie/link men as this specifically influences his close life and his accomplice’s fulfillment and happiness. This not only leads to improved cheapest tadalafil uk emotional health but to better physical health as well. States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury,” none of which include a judge of the Immigration Court).
Reasonable minds may differ on the interpretation of these statutes. Dan Cadman of the Center for Immigration Studies argues for the application of 18 USC 1505, discussed above. However, this author believes Mr. Cadman presents a far stronger argument for the use of 8 USC 1324.
Under subsection (a)(1)(A)(iii) of that statute, it is a crime to “knowing(ly) 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.”
This author believes a strong argument can also be made for the applicability of subsection (a)(1)(A)(iv), which makes it a crime to “encourage(s) or induce(s) an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.”
Under subdivision (b)(ii), the penalty for a violation of “subparagraph (A)(ii), (iii), (iv), or (v)(II),” is a fine “under title 18, imprison(ment) not more than 5 years, or both.”
In his article on this issue, Mr. Cadman advocates for the prosecution of Oakland, California mayor Libby Schaaf, who famously warned illegal immigrants residing in her city of an impending raid by ICE agents. Were Mayor Schaaf to be prosecuted, could Mayor Bill DeBlasio of New York City, or Mayor London Breed of San Francisco be far behind?
There is little question that the establishment of a “sanctuary” for illegal immigrants “conceals, harbors or shields from detection” these persons, as well as “encourages and induces” these same persons to “come to, enter, or reside in the United States.” But as more persons who are in our country illegally perpetrate more violent crimes, killing citizens and police officers alike, the effect of protecting these persons from detection and apprehension by ICE becomes more pronounced and increasingly detrimental to public safety.
As these continuous and heartbreaking murders garner increasing attention, it becomes harder and harder for sanctuary city politicians to deny the effect of their actions. All that is necessary at this stage is for the US Attorney of a sanctuary city to show some courage, and enforce the law.
Photo: Sacramento, California’s State Capital (Sacramento web site)