November 19, 2014. Rep. Mo Brooks (R) Alabama, states he is sure President Obama is violating a law that is “at the tip of his tongue” which he could not cite, and may result in Obama’s imprisonment based on his recent Executive Orders. Everyone from Geraldo Rivera to liberal bloggers are, therefore, mocking him and giving his claim no merit. Big mistake.
In fact, Section 8 of the Federal Immigration and Nationality Act (Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)) states:
“Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both.”
Further, Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A) continues:
A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
Considering that the most recent series of Executive Orders relating to immigration pretty much do all of those things for nearly 5 million people, it would be reasonable to assume the sitting U.S. President would be eligible for up to 25million years in prison and fined, a lot. With the current make up of the Judicial Branch of our government leaning decisively left, it is unlikely any attempt to enforce these provisions of the law would hold up on appeal. It is interesting, however, to entertain whether or not these violations would rise to the level of “high crimes and misdemeanors” required for impeachment.
Read More: Obama Gives 5 Million Illegals Amnesty
Should the recently elected Republican Congress determine that these offenses are a dereliction of duty for President Obama and/or a violation of federal criminal statute and not just civil law, things could get interesting. The voting public could bring such pressure to bear on Congress that the President may indeed be impeached for his executive overreach.
Regardless of what the nature of these actions are determined to be, Mr. Rivera and the doubters should be more careful in the future mocking someone simply because they do not have chapter and verse of immigration law committed to memory. It would appear, after all, that the President himself, self proclaimed Constitutional attorney, was unaware of the specific criminal provision in question.
H/T: Conservative Tribune