posted April 25, 2025 03:59 PM            

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Originally posted by Randall:
Do you even know the law?

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posted April 25, 2025 09:25 PM            

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Alien Smuggling -- Subsection 1324(a)(1)(A)(i) makes it an offense for any person who -- knowing that a person is an alien, to bring 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.

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.

Harboring -- Subsection 1324(a)(1)(A)(iii) 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, 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.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- 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.

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.

Bringing Aliens to the United States -- Subsection 1324(a)(2) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).

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.

Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.

posted April 26, 2025 02:57 PM            

She didn’t hide him, didn’t send him in a different room direction. They ****** up, at a job they weren’t even supposed to be doing, because what they are doing is illegal.

posted April 26, 2025 04:23 PM            

quote:

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Originally posted by teasel:
So, the judge in question sent this man out into a hallway where the agents were, and the agents did nothing.

She didn’t hide him, didn’t send him in a different room direction. They ****** up, at a job they weren’t even supposed to be doing, because what they are doing is illegal.

Got it.

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posted April 27, 2025 04:29 PM            

Why was Flores-Ruiz in court on April 18?
Flores-Ruiz is charged with three counts of misdemeanor battery, domestic violence and infliction of physical harm, a criminal complaint detailed.

His charges stemmed from a March 12 fight that occurred between Flores-Ruiz and two roommates after he was accused of playing music too loudly in the home.

The complaint says Flores-Ruiz punched one roommate 30 times, then hit a woman who tried to end the fight.

...

NOTE: Of course, one can argue that a defendant is innocent until proven guilty, and the trial had not concluded yet when ICE tried to arrest him...

posted April 27, 2025 09:10 PM            

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Originally posted by Randall:
Judges are required to obey the law. They can't be activists. She had to defer to Federal law, regardless of her personal beliefs. She was aware of that law, and she chose to break it. She will face the consequences--the least of which will be losing her job as a judge and likely her law license entirely. It was two felonies, and we know how tough Bondi is.

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Thank you for your legal insight!