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Saturday, July 10, 2010

Obama Administration Commits Felony In Breaking Federal Immigration Law


Specific chapters of the Immigration and Nationality Act to keep in mind. Below that is an article in the New York Times which makes it clear the Obama administration is knowingly violating federal law.

Immigration and Nationality Act Section 237 (a)(1)(B)states: (Quoted from Cornell University Law School website)

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1227

(1) Inadmissible at time of entry or of adjustment of status or violates status
(A) Inadmissible aliens

Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B) Present in violation of law

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201 (i) of this title, is deportable.


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.



TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324

§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) 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;

(iii) 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, or shield from detection, such alien in any place, including any building or any means of transportation;

(iv) encourages or induces 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



New York Times article titled "Illegal Workers Swept From Jobs in ‘Silent Raids’", dated July 9, 2010.

The Obama administration has replaced immigration raids at factories and farms with a quieter enforcement strategy: sending federal agents to scour companies’ records for illegal immigrant workers.

While the sweeps of the past commonly led to the deportation of such workers, the “silent raids,” as employers call the audits, usually result in the workers being fired, but in many cases they are not deported.


More:

In another shift, the immigration agency has moved away from bringing criminal charges against immigrant workers who lack legal status but have otherwise clean records.

Republican lawmakers say Mr. Obama is talking tough, but in practice is lightening up.

“Even if discovered, illegal aliens are allowed to walk free and seek employment elsewhere” said Senator Jeff Sessions of Alabama, the senior Republican on the Judiciary Committee. “This lax approach is particularly troubling,” he said, “at a time when so many American citizens are struggling to find jobs.”


Emphasis mine.

In enforcing the law against employers stating they cannot employ illegal immigrants, one portion of the law is being enforced, the portion that according to the article has garnered the government $3 million in fines so far.

In allowing those illegal aliens to walk away without arresting them and charging them with the crime of being in the country illegally and/or initiating deportment proceedings, the Obama administration is breaking the federal law by offering them safe harbor and aiding them in staying in America illegally.

Starting with Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): --- knowingly assists illegal aliens due to personal convictions is a federal felony.

Moving along to TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII >--§ 1324. Bringing in and harboring certain aliens:

(iii) 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, or shield from detection, such alien in any place, including any building or any means of transportation;

By allowing illegal aliens to simply walk away, free, without arrest, the Obama administration is harboring those criminals in the United States of America, which falls under the header of "any place" in the law.

Barack Obama and his administration is not only blatantly disregarding the law, but are actively in violation of the law by trying to enforce one portion and due to Obama's personal convictions, aids in harboring these illegal aliens within the United States of America, thereby violating federal law himself since Immigration and Customs Enforcement falls under his authorization now.

That is a federal felony.

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