Kudos to the perspicacious VDare reader and letter writer Paul Streitz, a representative example of the high intelligence of patriotic Americans. Streitz points out the flagrant and criminal assistance the Democrat National Convention (DNC) and the Democrat Party are giving to illegal aliens. Streitz requests comment on Title 8 United States Code (USC) Section 1324, Bringing In and Harboring Certain Aliens. At his request and the instance of Editor Peter Brimelow, this writer will discuss Title 8, its importance in immigration enforcement, and future uses against the Democrat Party, the DNC, its employees and agents, Jeh Johnson, and Barack Hussein Obama.
VDare was on the case early, pointing out that illegal aliens are part of the current Democrat plan to hold the Presidency, and they have no compunction about opening advocating illegal activity.
As a result, Democrats are rolling out the red carpet for “our nation’s brave undocumented youth” and adults. One Bolivian illegal is serving on the credentials committee — who says Democrats don’t have a sense of the absurd?
[Trump’s Convention Featured Victims Of Illegals, Hillary’s Will Feature The Illegals Themselves, by Brenda Walker, VDare, July 24, 2016]
From the Reuters report quoted by Walker:
The selections are legal because of a “deferred action program” adopted by President Barack Obama’s administration, which postpones deportations and provides work authorization for some immigrants brought to the United States as children. The Supreme Court blocked efforts to expand those protections last month...
Hareth Andrade, 23, an undocumented immigrant from Bolivia who was approved under a deferred action program, was picked for the credentials committee. The convention will also feature at least two undocumented immigrant speakers, Astrid Silva and Francisca Ortiz.
So, it appears that the Democrat Party is hedging its bets, but as we shall see, to no avail. These illegals are not really illegals, so the story goes, they are beneficiaries of the so-called Deferred Action For Childhood Arrivals (DACA) program. However, even according to the Department of Homeland Security (DHS), the DACA program does not convey legal status on the alien beneficiaries, so these illegal aliens remain illegal aliens. And for the record, that is the correct term, see Title 8 USC Section 1365.
The U.S. Citizenship and Immigration Services is quite clear, illegal aliens have no legal status.
However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.
So, Reuters is incorrect. No legal status means the illegal aliens remain illegal aliens. The DNC is hiding behind the now illegal DACA program. Illegal because the rationale for DACA, the same as the Deferred Action for Parents of Americans (DAPA), was that the Obama Regime had the authority to change immigration law administratively. The DNC thought it was covered, but it is not. It is now clear that the illegal aliens who served in DNC positions, whether paid or not, are illegal aliens, and covered by 8 USC 1324(a)(1)(A)(iv).
Now 8 USC 1324 is the statute that Congress passed and the President signed that made bringing in, transporting, concealing, or encourages an illegal alien to remain in the United States a violation of a criminal statute, in this case a felony. Bringing in, transporting, and concealing are covered by subsections (a)(1)(A) (i-iii), while encouraging is covered by the subsection (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;
While 8 USC 1324a separately prohibits unlawful employment, don't confuse it with 8 USC 1324(a).
For the purpose of the DNC, the Democrat Party, Jeh Johnson, and Barack Hussein Obama, the relevant offenses will be 8 USC 1324(a)(1)(A)(iv) and 8 USC 1324a. Subsection (iv) is important because for the most part, unless the DNC paid for their travel, is the most material to the offense, to wit, the DNC and the Party were "encourag[ing] or induc[ing] an alien to...reside in the United States, knowing or in reckless disregard of the fact that such...residence is...in violation of law."
The DNC and Party are well aware of those aliens are in the United States in violation of the law, that was the whole point of their presence, to use their illegal status for political benefit, as Brenda Walker so correctly pointed out. So, for the purpose of the law, we have established both knowledge and intent.
Now, who at the DNC and the Party are responsible? Well, anyone involved in the selection of speakers, including very likely, Hillary Clinton, as all the speakers at the DNC were approved by her. I am certain there is an email chain with her or someone acting on her behalf approving the speakers. The members of the DNC committee are also legally responsible, as well as the chairman or chairwoman of the DNC. And since the DNC is nothing more than an arm of the Democrat Party, the Party Chairman or Chairwoman, is legally responsible as well. But the criminal statute does not need an individual to prosecute, an organization, like a corporation, can be criminally prosecuted for violation of 8 USC 1324 or 1324a. This is, or was, quite a common experience when immigration laws were being enforced some 8 years ago. But prosecution of a corporate entity, non-profit, or other legal entity does not preclude prosecution of responsible officials of that legal entity, so Debbie Wasserman-Schultz has more than problems with fixing the selection of Hillary Clinton, she and other Party and DNC officials have individual criminal liability.
Furthermore, both Jeh Johnson and Barack Hussein Obama have personal legal liability for these violations as well. Not because there were illegal aliens at the DNC, but because those and other illegal aliens falsely and fraudulently obtained immigration documents, to wit, an Employment Authorization Document, EAD, Form I-756, at the order and instruction of Johnson and Obama. That means that President Trump can have Janet Napolitano, Johnson, and Obama criminally prosecuted for their official malfeasance in office with regard to assisting illegal aliens to remain in the United States. Similarly, the Democrat Party, the DNC, and their officials are legally liable for criminal prosecution under 8 USC 1324(a)(1)(A)(iv). All it will take is the will to prosecute as the principle of the legal responsibility of corporate officials is settled law, something this writer blogged on back in 2009 at the start of my blogging career, in the case of Yamoto Engine Specialists of Bellingham, WA.
Two Corporate Directors of Yamato Engine Specialists in Bellingham, Washington pleaded guilty today in U.S. District Court in Seattle to aiding and abetting the use of a false statement on immigration forms. The pair, SHAFIQUE AMIRALI DHANANI, 46, and his sister, SHIRIN DHANANI MAKALAI, 52, each pleaded guilty to a federal felony, admitting that they knew workers at their family owned company submitted false names and social security numbers on federal I-9 forms used to verify workers’ status in the United States. Under the terms of the plea agreement, both defendants must be sentenced to a probationary sentence or they can withdraw from the plea agreement. According to the language in the plea agreement, the third defendant, the corporation, YAMATO ENGINE SPECIALISTS 1990, LTD, is expected to pay a significant fine in connection with the case. YAMATO has not yet entered a plea, and is charged by information with encouraging and inducing illegal aliens to reside in the United States. Sentencing of DHANANI and MAKALAI, will be scheduled before U.S. District Judge James L. Robart on a later date.
[Officers Of Bellingham Engine Company Plead Guilty To Felony Immigration Violations, Press Release, Department of Justice, August 18, 2009.]
So, Donald J. Trump has it within his power to put Hillary Clinton, Barack Hussein Obama, Jeh Johnson, Janet Napolitano, and dozens of Democrat Party officials away in prison for many years, as each alien who received DACA is a separate offense, as well as effectively abolish the Democrat Party as a criminal organization. The time to act will come soon, the only question is whether Trump has the will.