Should the "public officials" behind "sanctuary cities" be arrested for 8 USC 1324 violations? - Discussion

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

(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,

As I read through the law, I see no exemption for pompous do-gooders. I also see no exemption for holier-than-thou ignoramuses. Nor do I see any exemption for public officials.

The oath of office

All public officials swear an oath, let's look at a couple of local examples.

Texas

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, ____ , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of the State of Texas, and will to the best of my ability preserve, protect, and
defend the Constitution and laws of the United States and of this State, so help me God

New York

I solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, (and the Charter of the City of New York, e.g.), and that I will faithfully discharge the duties of the office of (mayor of the City of New York, e.g.) to the best of my ability.

That's funny...both examples have defend or support Constitution of the United States as part of the oath. Neither oath says I will subvert the laws for the benefit of my own political party...in fact, both oaths stress the faithful obligations of the office.

the Constitution

The Constitution lists the provision of the common defense as one of the primary duties of the Constitution, Founder James Madison noted it as THE number one priority.

Police officers also swear this oath.

It is up to the sworn officer on the line to ensure that the oaths of all public officials are adhered to, elected official or not. Although every jurisdiction has different laws regarding nonfeasance, malfeasance, and misfeasance, in most jurisdictions these are arrestable offenses.

And in ANY case, the violation of 8 USC 1324 is a crime on it's own. Malfeasance charges should be secondary where appropriate

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