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National Review
National Review
20 Nov 2024
Andrew C. McCarthy


NextImg:The Corner: Incoming Border Czar: Sanctuary-City Dems Could Be Prosecuted If They Obstruct Trump’s Enforcement of Immigration Law

Tom Homan, the border “czar” President-elect Trump intends to combat the crisis created by the Biden-Harris administration’s heedless dismantling of Trump’s security policies, made some hay earlier this week. He warned Democratic officials who execute “sanctuary” policies in big blue cities that they risk prosecution for harboring illegal aliens if they impede the enforcement actions of federal immigration officials.

I have an opinion piece at FoxNews.com on this subject. In it, I contend:

Homan is right about this.

He pointed out that it is a federal felony under Section 1324(1)(a)(iii) of the immigration laws (Title 8, U.S. Code) if a person,

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[.]

I go on to explain why federal immigration law trumps (pardon the pun) state sanctuary law and policy, and the important difference between a state’s or city’s (a) decision not to help the feds (which it is allowed to do) and (b) positive obstruction or interference with the feds (which it is forbidden from doing).

The column is here.