Domestic Transporting – Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who – 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.
Interesting, so this law seems to makes it illegal for a person to help an “illegal immigrant” move about the U.S., but if one is trying either to harm them, or use them in some fashion to cause harm to others than it is legal?
So can I claim I’m trying to harm immigrants I help and get away with it? Or does the intent not matter and any person moving or assisting in the movement of illegal immigrant constitute a “furtherance” of the crime of illegally entering the U.S.?
Furtherance of them remaining in the US, yes. This does that. My reading is giving transportation to further them illegally staying in the US is a crime.
Isn’t “in furtherance of such violation of law” the critical thing there?
Interesting, so this law seems to makes it illegal for a person to help an “illegal immigrant” move about the U.S., but if one is trying either to harm them, or use them in some fashion to cause harm to others than it is legal?
So can I claim I’m trying to harm immigrants I help and get away with it? Or does the intent not matter and any person moving or assisting in the movement of illegal immigrant constitute a “furtherance” of the crime of illegally entering the U.S.?
Wouldn’t that, then, qualify as a different crime?
“are you trafficking illegal aliens?”
“Yes sir officer, but with the express intent of killing them.”
“… I’m gonna need you to step out of the truck…”
Furtherance of them remaining in the US, yes. This does that. My reading is giving transportation to further them illegally staying in the US is a crime.