On Thursday, May 7, 2020, the U.S. Supreme Court issued a ruling by unanimous decision and Justice Ginsburg delivered the opinion of the Court making it a “federal felony to ‘encourag[e] or induc[e] 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,’ §1324(a)(1)(A)(iv), and impose an enhanced penalty if the crime is ‘done for the purpose of commercial advantage or private financial gain,’ §1324(a)(1)(B)(i).”
The U.S.
Supreme Court’s decision overturned the earlier decision of the U.S. Court of Appeals for the 9th Circuit, which ultimately concluded, in accord with the invited amici’s arguments, that §1324(a)(1)(A)(iv) was unconstitutionally overbroad. 910 F. 3d 461, 485 (2018). The Government petitioned for the U.S. Supreme Court’s review because the judgment of the Court of Appeals invalidated a federal statute. Pet. for Cert. 24. The U.S. Supreme Court granted the petition. 588 U. S. ___ (2019).
What they have been doing in sanctuary cities in California, New York, and cities in other states is no less than criminal facilitation and a clear violation of federal law and is a federal felony crime.
These sanctuary practices have incited anger by many people, not on account of their dislike of people from South of the U.S. border, rather they desire that people wanting to enter into the United States do so legally so that they may be vetted before they join our society as Americans. Also, these practices have made it difficult for U.S. Federal Law Enforcement Officers who are charged with the responsibility of detecting, identifying, and arresting illegal immigrants from being able to execute the duties of their position. This case should stop this nonsense.
There is hope that this decision will encourage immigrants to seek legal entry into the United States. And that the U.S. Congress will begin work on immigration laws and allocating money and resources to make timely reviews of applications for entry into the United States. The present system has failed and needs to be repaired.
In the meantime, I would call upon Federal Agents to begin arresting local politicians who have voiced their encouragement of sanctuary cities to house illegal immigrants. My experience is that when this begins there is no doubt that this practice will come to an abrupt halt.
Liberals and many Democrats may not like this law, but it is the Law of the Land and must be followed.
Don T.D. Gala, Ph.D.
Hixson