Showing posts with label Rule of Law. Show all posts
Showing posts with label Rule of Law. Show all posts

Wednesday, December 3, 2014

The Criminal Penalties of 8 U.S. Code § 1324 — Bringing in and harboring certain aliens


Do we live in a nation governed by the rule of law? A very important section of the "law" of the United States Code as pertaining to illegal immigration proves that the United States of America is no longer operating under the rule of law, but is subject to the rule of men who are in a state of insurgency against the law of the land.

Whether or not you realized it, America has passed from being a guaranteed Constitutional Republican form of government and is now an oligarchy, the rule of a small group of powerful people who are self-appointedly above the law and have seized immunity from justice.

And We the People allowed it to happen.

America the Battlefield
by Timothy A. Pope
December 3, 2014

Title 8 USC § 1324 — Bringing in and harboring certain aliens
"The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." — Thomas Jefferson, letter to John Adams (1813)

"The tyranny of a prince in an oligarchy is not so dangerous to the public welfare as the apathy of [the] citizen." — Charles De Secondat Montesquieu, Reflections on the Causes of the Rise and Fall of the Roman Empire, Chapter IV, p. 19 (1825)

"[W]here there is no law, there is no liberty; and nothing deserves the name of law but that which is certain and universal in its operation upon all the members of the community." — Benjamin Rush, letter to David Ramsay (1788)

"AMNESTY, n. The state's magnanimity to those offenders whom it would be too expensive to punish." — Ambrose Bierce, The Unabridged Devil's Dictionary, p. 15 (1906)

"The more you can increase fear of drugs and crime, welfare mothers, immigrants and aliens, the more you control all the people." — Noam Chomsky (1928)

"Democracy will soon degenerate into an anarchy; such an anarchy that every man will do what is right in his own eyes and no man's life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit, and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few." — John Adams, An Essay on Man's Lust for Power (1763)

"[N]either the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." — Samuel Adams, essay in The Public Advertiser (1749)

"Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence." — Joseph Story, 
Associate Justice of the United States Supreme Court, Commentaries on the Constitution (1833)

insurgent
[in-sur-juh nt] 
noun 
1.    a person who rises in forcible opposition to lawful authority [source]

In my previous blog, I highlighted the President's blatant double-cross regarding the clear and present threat that illegal immigration poses to American citizens, as written in his own book, Dreams from My Father. I also tied together the adamantine threads that reckless conspiratorial immigration is bound to socialism, Marcusian cultural Marxism, dividing and conquering, the Hagelian Dialectic, Saul Alinsky tactics, the Cloward-Piven overwhelm strategy, and the ultimate elimination of the middle class of the United States of America, one of the final planks of the Communist Manifesto to be implemented in this country.

British philosopher John Stuart Mill, in his landmark essay, On Liberty, defined how despotism, "by whatever name it may be called, and whether it professes to be enforcing the will of God or the injunctions of men," is still despotism. Whatever label is given to harboring aliens in direct conflict with the law — whether it be amnesty, immigration reform, cooperation or democracy — it is still beneath the umbrella of autocratic despotism, the exercise of absolute authority in contempt of established law.

Keep in mind that while the nation's attention was diverted toward the immigration Executive action, the Ferguson fallout, the Thanksgiving holiday and zombie apocalypse of Black Friday commercialism, the Obama Administration quietly issued 3,415 regulations in a sweeping federal Unified Agenda to pass thousands of new draconian laws to further control and oppress the American people and curtail our industrial base.

"Pay no attention to that man behind the curtain!"


Behold, the law of the land:
▶ United States Code, Title 8, Chapter 12, Subchapter II, Part VIII, § 1324 — Bringing in and harboring certain aliens (blogger's emphasis)


(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 an alien 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) of this section, 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 violations
In determining whether a violation of subsection (a) of this section 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 States in 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) of this section 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.
[1]  So in original. Probably should be “clause”.


Notice that the punishments are classified under the purview of Title 18, the section outlining crimes and criminal procedure, specifically, 18 U.S. Code § 2381 - Treason, which administers the death penalty, imprisonment "not less than five years," and/or a fine "not less than $10,000.00" for bringing in and harboring illegal aliens, with the proviso that the guilty party [if not suffering the death penalty] "shall be incapable of holding any office under the United States."

Either we follow the laws and the established system of justice in this country, or we are a nation of lawlessness. According to Joseph Story, former Associate Justice of the United States Supreme Court (1811-1845), without the regulation of law and the full and impartial administration of justice, no one is safe, there exist no remedies to correct it, and society fails of all its value, returning to a state of savage and barbarous independence.

Don't let anyone deceive you in any way, for that day will not come until the rebellion occurs and the man of lawlessness is revealed, the man doomed to destruction. — 2 Thessalonians 2:3

Credit goes to David DeGerolamo of NCRenegade for bringing this to my attention.


CONTRIBUTE TO MY RESEARCH!
I work very hard and spend innumerable hours studying, researching and digging out the truth, which is a great cost to a husband and father. I have nothing to sell; no advertising, no contracts, no corporate partners nor sponsors. Please help me by donating the amount that you feel this information deserves. Thank you for contributing to my time and effort, and ultimately to the restoration of Liberty and Freedom for all. May God bless each and every single one of you.


Thank you! - Tim

Friday, February 8, 2013

Florida Highway Patrol Announces Illegal Highway Checkpoints


Yes, you read that right.

The Florida Highway Patrol (Troop C: Hillsborough, Pinellas, Polk, Pasco, Hernando, Sumter and Citrus counties) has announced plans to set-up highway checkpoints to target drivers to inspect their drivers license, insurance, and vehicles in February. FHP says the checkpoints will be conducted during daytime hours.

This Feb. 2, 2013 ABC Action News article has a list of all affected roads: http://www.abcactionnews.com/dpp/traffic/traffic_news/fhp-announces-daytime-driver-license-vehicle-inspection-checkpoints

The question on every Floridians' mind is: "Is this legal?"

The answer is: "No, it is not legal. It is a Policy."

Not only does this policy expressly violate Florida statutes, it also violates the Constitution of the State of Florida, and the Constitution of the United States of America.

I attached the corresponding text at the bottom of this blog, which lists the three legal precedents violated by this policy.

I have advised all of my family and friends to print this information out and keep it in their car in case they are subjected to an unreasonable search and seizure that violates the Rule of Law and their unalienable Rights as enumerated.

"You have Rights antecedent to all earthly governments: Rights, that cannot be repealed or restrained by human laws; Rights, derived from the Great Legislator of the universe." — John Adams

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.” — Patrick Henry

“Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” — Frederick Douglass

“Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematic plan of reducing a people to slavery.” — Thomas Jefferson

"The only sure bulwark of continuing liberty is a government strong enough to protect the interests of the people, and a people strong enough and well enough informed to maintain its sovereign control over the government." — Franklin D. Roosevelt

We the People must defend our rights. Or one day we will wake up having none, and our children and our grandchildren will inherit despotism, and may never know the blessings of Liberty. Death by a thousand cuts, it's called. Incrementalism; creeping normalcy, the way a major change is accepted as the normal situation. But only if it happens slowly, in unnoticed increments, when it would be regarded as objectionable if it took place in a single step or over a short period of time.

These are the four reasons why the American people are allowing our Liberty to be overthrown by enemies foreign and domestic:
  1. Normalcy Bias
  2. Stockholm Syndrome
  3. Learned Helplessness
  4. Cognitive Dissonance

If you don't know what they mean, please look them up, so that you can avoid falling into their trap.


"My people are destroyed for lack of knowledge." (Hosea 4:6)

Government originates and derives its power from the People, and as such exists only with the consent of the governed. When government becomes a self-serving means to its own objectives—when it becomes as George Washington warned, "a dangerous servant and a fearful master,"—it then ceases to be government and becomes a criminal entity serving its own self interest at the expense of the very people it is sworn to represent. At such time the People have an obligation to put aside differences and put down such a criminal tyranny by all necessary means and restore the freedoms of the People and of the Republic as clearly defined in our Constitution, Bill of Rights, The Declaration of Independence, and the Articles of Confederation.

Recognize that any law which violates these principles is null and void from inception. The Supreme Court case Marbury v. Madison 5 U.S. 137 (1803) ruled that "All laws which are repugnant to the Constitution are null and void." Furthermore, the People have an obligation not only to ignore such laws, but to actively overturn them by any and all means. Those that support such illegal laws, actions, and objectives are guilty of treason, by definition, at the very least, and must be held accountable for their actions. As you know, treason is a crime prohibited by legislation passed by Congress. The United States Code 18 U.S.C. § 2381 states, "whoever, owing allegiance to the United States, levies war against them or adheres to their enemies… is guilty of treason." Likewise, Presidential executive orders, by their very nature are illegal, treasonous, and are null and void from inception.

These revenue-generating highway checkpoints are similarly illegal, are repugnant to Florida Statute Title XXIII, 316.60, the Constitution of the State of Florida, and the the Constitution of the United states, and are therefore null and void from inception.

As for our elected representatives in Florida, it is your duty to defend the people of your State from illegal actions by those under your supervision. As a citizen of the United states of America, I am your constituent and I respectfully request that you take immediate action to stop this abuse of civil rights.

Represent us!

Thank you in advance for honoring your Oath to the Constitution of the State of Florida and the Constitution of the United States of America.

"Papers, please."



The 2012 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.610  Safety of vehicle; inspection. — It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

(1)  Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.

(2)  In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.

History. — s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-112; s. 24, ch. 83-216; s. 7, ch. 83-298; s. 328, ch. 95-148; s. 17, ch. 2003-286.

Note. — Former s. 316.285.



Constitution of the State of Florida
As revised in 1968 and subsequently amended

SECTION 9.  Due process. — No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

History. — Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 12.  Searches and seizures. — The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.

History. — Am. H.J.R. 31-H, 1982; adopted 1982.

SECTION 23.  Right of privacy. — Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.

History. — Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.



U.S. Constitution

Amendment 4.  Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 5.  Trial and Punishment, Compensation for Takings

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
I work very hard and spend countless hours researching and digging out the truth.
I have nothing to sell; no advertising, no contracts, no corporate partners nor contributors.
Please help me by donating the amount you feel this information deserves.
Thank you for contributing to the restoration of Liberty and Freedom,
and may God bless each and every single one of you.