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8 U.S. Code § 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; or

(v)

(I)

engages in any conspiracy to commit any of the preceding acts, or

(II)

aids or abets the commission of any of the preceding acts,

shall be punished as provided in subparagraph (B).

(B)A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—

(i)

in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii)

in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

(iii)

in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and

(iv)

in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

(C)

It is not a violation of clauses [1] (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces analien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

(2)Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings 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 shall, for each alien in respect to whom a violation of this paragraph occurs—

(A)

be fined in accordance with title 18 or imprisoned not more than one year, or both; or

(B)in the case of—

(i)

an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,

(ii)

an offense done for the purpose of commercial advantage or private financial gain, or

(iii)

an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,

be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.

(3)

(A)

Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.

(B)An alien described in this subparagraph is an alien who—

(i)

is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and

(ii)

has been brought into the United States in violation of this subsection.

(4)In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—

(A)

the offense was part of an ongoing commercial organization or enterprise;

(B)

aliens were transported in groups of 10 or more; and

(C)

(i)

aliens were transported in a manner that endangered their lives; or

(ii)

the aliens presented a life-threatening health risk to people in the United States.

(b)Seizure and forfeiture

(1)In general

Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

(2)Applicable procedures

Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.

(3)Prima facie evidence in determinations of violationsIn determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:

(A)

Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United Statesin violation of law.

(B)

Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.

(C)

Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.

(c)Authority to arrest

No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

(d)Admissibility of videotaped witness testimony

Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.

(e)Outreach program

The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.

(June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228; Pub. L. 95–582, § 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97–116, § 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title I, § 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100–525, § 2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103–322, title VI, § 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104–208, div. C, title II, §§ 203(a)–(d), 219, title VI, § 671(a)(1), Sept. 30, 1996, 110 Stat. 3009–565, 3009–566, 3009–574, 3009–720; Pub. L. 106–185, § 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108–458, title V, § 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109–97, title VII, § 796, Nov. 10, 2005, 119 Stat. 2165.)

Read it here.

 

 

 

The original story on the complaints is here and the OIG initial response along with my reply and request for reconsideration is here. I added links to the OIG’s response in an effort to make it easier to digest.

• Note: We filed three complaints, one against Gov. Brian Kemp one against Gwinnett Sheriff Keybo Taylor and one against Cobb Sheriff Craig Owens. The complaint against Gov Kemp is still under consideration at OIG.

The below was received via email on Sept. 12, 2022. I am grateful to Mr. McAfee for his reply.

_____

Good afternoon Mr. King,

  I appreciate your consideration of our office for your complaint. To be clear, declining an investigation does not mean we’ve taken any position on the merits or thoroughness of your concerns. We must simply “stay in our lane” and only execute the powers delineated to us by executive order. In my mind, that executive order is clear. OIG does not police all executive powers, constitutionally created or otherwise, only the “agencies of state government” and “state agencies within the executive branch.” I’ve attached a copy of our founding executive order for your convenience.

While county sheriffs may perform state and executive branch functions as your cited AG opinion points out, the fact remains that county sheriffs are not state agencies but rather instrumentalities of county government. See, e.g., O.C.G.A. § 15-16-1 (a) (“the sheriff is the basic law enforcement officer of the several counties of this state”); Veit v. State, 182 Ga. App. 753, 756 (1987). OIG has not been granted jurisdiction to investigate anything considered executive in function. Only “state agencies.”

  Feel free to call me anytime at the number below. I’m happy to talk through your concerns and explain our position in greater detail. And disregard any previous reference to DOC, as I agree that DOC would not be the appropriate venue for your complaint.

Scott McAfee Inspector General Office of the State Inspector General State of Georgia   Mobile: 404- Email: scott.mcafee@oig.ga.     2 Martin Luther King Jr. Dr. SW Suite 1102 | West Tower Atlanta, Georgia 30334 https://oig.georgia.gov/

 

 

Neither candidate will mention the other’s weakness and vulnerability on the topic of illegal immigration in Georgia.

An InsiderAdvantage/FOX 5 Atlanta poll released July 29 had undecided voters at two percent. The most recent poll from the same people from August 8th shows the undecided category at six percent.

 

 

Complaints filed (Sept. 6, 2022) related to multiple violations of OCGA 42-4-14 and the violations of the oaths of office for Gov. Brian Kemp, Sheriff Keybo Taylor and Sheriff Craig Owens. There will be additional complaints filed. See this letter for explanation and links to evidence.

OIG here.

• Updated Sept. 9, 2022: Initial response and my reply here.
• Final response from OIG on the two complaints against the sheriffs here.
• List of news outlets, editors, producers and reporters to whom we have sent a news tip on this story here. 

 

 

 

 

The below letter to the editor was published in the Cherokee Tribune & Ledger News today.

LETTER: School choice bill would allow taxpayer-funded vouchers for children living in U.S. illegally

Dear editor,

Since Pres. Biden was sworn in, we have all seen the unforgettable images of the now literally millions of “migrants” crossing the rivers in Texas and gaps in national security in Arizona to enter the U.S. illegally. The truth is most of these people are coming to America in violation of our already extremely liberal immigration laws “for a better life.” Many are either bringing their children with them or sending for them after arrival.

It is also true that the Democrats who run the federal government have not only encouraged this illegal scheme and stood by and watched as these illegal aliens swarm the southern border – but have also loaded these illegals onto busses to be distributed all over the nation. Many are landing in Georgia where we already host more illegal aliens than Arizona.

The insanity doesn’t end with the Democrats. I learned last week that a group of Republican state lawmakers here in Georgia is pushing hard to pass legislation next year that would require Georgia taxpayers to fund K-12 private school education for illegal alien children. It would be part of a “school choice” plan in which education dollars ‘follow the student…” The group is called the ‘Freedom Caucus Network’ and is 100% GOP.

As a black, conservative American who votes Republican, it is impossible to express my own outrage that any politician would suggest that we increase the benefits already offered to illegals and thereby make Georgia even more attractive to the endless stream of illegals the GOP claims to want to stop.

Cherokee Rep Charlice Byrd is a member of this “Freedom Caucus” group. We hope she can explain why illegal aliens would be included in taxpayer-funded private school education when it is so easy to exclude then from any such legislation. This political trick will not create a better life for Americans in Georgia.

Everett Robinson

Canton

Here.

__

Note, Everett is a dear pal, a former thirty-four year neighbor and a member of the board of advisors, the Dustin Inman Society.

See more on the Georgia Chamber of Commerce and the House Higher Education Workforce Subcommittee in previous episodes linked below.

We will cover the whole enchilada.

Episode 1

Episode 2

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Episode 3

“As a reminder, all are welcome to attend this meeting, but there will be no public testimony/speaking. The meeting will also be available via livestream on the House Broadcast webpage.” – Staffer for Chairman Chuck Martin in the emailed meeting notice pasted below.

• Since public comment won’t be allowed, we assume this glaring fact will not be mentioned: Half of US companies gearing up for layoffs, survey suggests
• I just sent Rep Chuck Martin an email asking for a short comment on why he has chosen to exclude the public from speaking at a legislative meeting that will be six hours long. When/if he takes time to reply, I will post his comment here. Update: Rep Martin did reply, see here.

_____

*Update: August 24, 2022, 5:21 PM: The below column has driven a pro-enforcement Cherokee County resident to send a letter to the editor of his local newspaper. You can read Everett Robinson’s letter as it was published yesterday here.

_____

A well-funded group in Washington D.C. that describes itself as “conservative” is boasting that it has put a law in place in Arizona that gives illegal aliens taxpayer-funded K-12 private school tuition. The group is an off-shoot of the congressional “House Freedom Caucus” and is known as the “Freedom Caucus Network.” They have chapters in several states, including Arizona, South Carolina and Georgia. They claim to fight for “conservative values.”

The State Freedom Caucus Network sent out an email alert yesterday boasting that they had successfully fought for a bill in Arizona that sends tax dollars to all K-12 students for private school and that the Arizona governor has signed the legislation into law – it’s HB 2853.

The Freedom Caucus Network says they will now work to pass the same language into law in other states. Including Georgia.

Georgians with memories that go back to the 2022 session of the Republican-ruled state legislature may recall that three separate “school choice” bills (example) died before Sine Die. What the media and the Republicans successfully hid was the fact that the bills required Georgia taxpayers to fund the private school education of illegal alien students – with illegal alien parents included in the system set up to allow parents/guardians to distribute state funds sent to an account set up for the student.

After exposure and pressure, the House and the Senate bills saw amendments/language that purported to exclude illegals. They didn’t. It was hokum.

Here in Georgia, public comment was not allowed in the committee process that passed out the senate “school choice” bill that did not exclude illegals.

 

It is incredibly easy to put language into the legislation that really does exclude illegal aliens and their families from receiving taxpayer-funded private school tuition in school choice legislation. We have it here.

• Related: Neither federal law or the 1982 Plyler v Doe Supreme Court decision require states to pay for private school education for illegal aliens.

The State Freedom Caucus in Georgia was founded by outgoing state Rep Phillip Singleton.

You can read about the Freedom Caucus Network on their website, but only after you sign up for their alerts. Here is part of the “Leadership” page:

“In December of 2021 Philip founded the Georgia Freedom Caucus and helped launch the State Freedom Caucus Network. Philip is now the acting Georgia State Director for the State Freedom Caucus Network and the Vice Chair of the Georgia Freedom Caucus.”

*Update:”Georgia’s contingent includes Rep. Philip Singleton of Sharpsburg, Rep. Charlice Byrd of Cherokee County, Rep. Emory Dunahoo of Gillsville, Rep. Sheri Gilligan of Cumming, Rep. Timothy Barr of Lawrenceville and Sen. Burt Jones of Jackson. Sen. Brandon Beach of Alpharetta also stood with the group…” (Georgia Recorder).

*Update again, August 29, 6:06 PM: State Senator Greg Dolezal is also a member of the Georgia Freedom Caucus. He was omitted from the list pasted above. Dolezal serves as the Chair or co-Chair, depending on what news outlet we check. 

There is a fight coming between Republicans who want “school choice” at any cost and pro-enforcement conservatives who refuse to reward and encourage more illegal immigration into Georgia by expanding benefits for the illegal aliens who are right now crossing the border with their children.

We have picked a side. We hope you will too.

Below is part of yesterday’s Freedom Caucus Network email. On top is a photo of just some of the illegal aliens who came last week looking for a better life.