Public commentators have recently argued, out of deep frustration, that Biden Administration border officials should be prosecuted for failure to enforce laws, protect citizens, and do their job – that is, for permitting human and drug traffickers to penetrate the US southern border.
The argument is appealing, but hard to do. Biden officials are surely complicit in undermining US public health and safety, glibly letting human and drug trafficking explode, overdoses topping 100,000 annually, and illegal aliens pouring over the southern border. People are angry!
Objectively, policies were upended a year and a half ago. The border wall, travel ban, and Trump executive orders were halted, including the Trump executive order “to employ all lawful means to enforce the immigration laws of the United States.”
Biden and cabinet have issued executive orders limiting enforcement actions, limiting deportations, shipping illegals to the interior, and objectively endangering public health and safety. 6000 ICE enforcement officers have averaged one arrest every two months.
Any illegals, unless caught, are free to roam – unless convicted of a crime. Case by case evaluation requirements favor illegal crossers. We saw 1.3 million illegal crossers between January and September 2021, the highest for such a period. This does not count “got aways,” roughly 1000 a day.
Meantime, drug trafficking and foreign source overdoses exploded. Roughly 12 percent of unaccompanied minors have COVID, and after May 2022, Biden will no longer enforce Title 42, which protects Americans from border crossers with communicable diseases.
Anecdotal data is as infuriating, with “planeloads of undocumented migrant children” flown around the country, many at night. Others are shipped by busses, as border patrol agents are hamstrung and overloaded.
So, why can’t those endangering public health and safety be prosecuted using anti-human trafficking and anti-drug trafficking laws? The question is good, the principle is right, but the stretch is long – legally.
In short, those who traffic in persons or drugs – who benefit in any way from official or unofficial complicity, promotion to harboring, are potentially liable for related crimes.
Likewise, those involved in acts of negligence, gross negligence, or recklessness, looking the other way to facilitating not doing their duty, might realistically be held liable.
However, rub in any federal prosecution is three-fold. First, no federal prosecutor, who works for the Attorney General, who works for the President, will bring a charge against a federal employee doing the President’s bidding.
Second, federal laws are specific and require elements hard to prove, even if sensible, that would find a federal employee involved in human or drug trafficking – unless they personally profit, knew they were violating the law, were part of a criminal enterprise, or otherwise clearly contravened federal law.
However, State laws also exist – in every state – against human and drug trafficking. State prosecutors do not work for the US Attorney General or all Democrat governors, so in theory, a law able to describe a criminal act by a federal official, which occurred in or had a result in the State, might open up liability.
That said, this, too, is hard. State laws require specifics – like profiting from the deed – that are likely missing. More, laws like Section 1983, which give citizens a right to sue for violation of civil rights also offer “qualified immunity” to government officials.
What is qualified immunity? The concept goes back to the 1870s, codified in the Section 1983 law. It basically says that a government employee cannot be sued if they (1) believed in good faith their conduct was lawful, or (2) the conduct was objectively reasonable.
A jury might find – if a prosecutor were so bold – letting illegal aliens or those trafficking into the interior was presumptively and objectively unreasonable, but Section 1983 would protect them if the government official “believed in good faith their conduct was lawful.”
Most federal officials, even if dyed-in-the-wool socialists, communists, or anarchists, would likely believe their actions – directed by Biden’s orders – were at least nominally lawful.
The upshot is that we have a Federal Government which, under Biden, is objectively endangering the public health and safety of communities, more so if Title 42 is lifted and contagious aliens are released to the interior – perhaps some with foreign drugs.
On the other hand, these offenses are chiefly political in nature, not profiting government employees, just under politically motivated, indefensible Biden policies.
What is the answer? Public discussion – and a recognition that public health and safety of the nation is in jeopardy if laws we expect to protect us are not enforced, but undermined.
Perhaps more to the point, while Federal and State prosecution is limited, barring personal profit, the answer is clear. It lies at the ballot box – in November.
We hope you've enjoyed this article. While you're here, we have a small favor to ask...
Support AMAC Action. Our 501 (C)(4) advances initiatives on Capitol Hill, in the state legislatures, and at the local level to protect American values, free speech, the exercise of religion, equality of opportunity, sanctity of life, and the rule of law.Donate Now
There is so much blood on Biden’s hands he is turning red. As long as he doesn’t flip and join the other side, we are safe. The tragic consequences are all on him.
The man has lost his mind and is destroying America, he is a traitor1
Yes they should be put on trial for trafficking drugs and people. Mean time close the border and send them back
If the government is going to bus them somewhere, then why not Mexico.
When more people are dying from Fentanyl than Covid, you would think that would create a sense of urgency? Nothing’s going to change, until the leftists are totally purged, and those who are guilty of crimes are prosecuted….To make a long story short, NOTHING’S GOING TO CHANGE !
They call everything they do “fundamentally transforming America” but I call it TREASON. Keep your eyes open this next election(s) is all I say… they get away with more and more each time… soon they’ll just ASSUME POWERS and “bypass” elections altogether.
The circus between now and November is just starting. We already know who one of the clowns is.
The entire Biden Administration is breaking their oath of office being derelict of duty to the American citizens and should be prosecuted. They took an oath to protect us and they are NOT!!!!!
Pretty soon 1/3 of our population will be “illegals”!
EZ fix: hand all illegals Republican voter registration forms. Deminazis will immediately close the border. Problem solved!
I hope the republicans close the border frontier. How many more people must be hurt or die? I thought border security was one of the most important things our politicians do for the American people. Or are they just all talk and no action?
Would it be possible to find out the status of current criminal in our community? Many more terrible crimes have occurred since more illegals have come to our area.
YES, the sooner the better. The loss of a single American life is cause to sue these people personally as individuals in every city, county and state where a crime has been committed, for drugs sold or trafficking. Hit them a thousand times if necessary. There are enough citizens that have been harmed, families harmed and financial loss to end them all and take their belongings and their families. We are a country of laws and it is time to bring them back and at the full extent of the law.
That would be a great idea. Perhaps Judicial Watch or some other group should get together a class action suit against all those involved with letting the illegals and drugs coming into our country.
They must ALL be held accountable for their illegal actions and their crimes against humanity.
Yes, prosecute EVERY marxist democrat for crimes against America and FAILURE to protect and respect Our borders and Our Citizens !!
Put them in prison,they are Traitors!
In the past, traitors were put in front of a firing squad.
This is an interesting editorial. I like the direction of the thinking. However, it makes me wonder if this p prosecution under state laws could backfire on people like Governor Abbott in Texas who is reportedly busing and flying (albeit voluntarily) illegal crossers into Delaware and Washington DC.
Good point Michael, but I also like the thought process involved. Let’s think out of the box and nail this illegitimate government of ours to the F-ing wall.
I sincerely hate this idea the citizens must wait for the next election to remove a president that everyone knows is ignoring the law. A president who has directed his administration to ignore the law and take actions to undermine the law.
I have been saying this over and over again. Impeachment
Please do not approve my comment with my email address. ********
Impeachment would have to wait till after the conservatives take over the Congress.
It’s time pay attention to the dog that’s not barking. Given the current focus on human and drug trafficking, are the criminal cartels engaging in this activity also delivering weapons to support what will become an insurgency on American soil?
I believe there’s something brewing. Mostly young and healthy-looking men being brought in. God protect us and I hope we’re armed and ready.
If it wasn’t so close to an election that the socialists are worried about, they would already be trying to confiscate our guns, one way or the other. As it is, they are going about it by the back door method in several democrat controlled states.
More likely: politicians are being paid by Cartels. Why do you think they call it the “drug trade”?
WHERE ARE THE ARTICLES OF IMPEACHMENT TO IMPEACHMENT PRESIDENT BIDEN BECAUSE HE HAS NOT ABIDE ON HIS DUTIES HE SWORED TO UPHOLD LIKE
DESTROYING OUR ENERGY INDEPENDENCE
MAKING DEALS WITH OUR ENEMIES NOT ENEMIES TO THEM BECAUSE THE DEMOCRATIC PARTY IS PREDOMINANT MARXIST, SOCIALIST, COMMUNIST.
We could just recycle all the impeachment garbage that the socialists brought up against President Trump. It might save time and would actually be viable.
The worst piece of garbage to ever enter the DARK House (used to be the White House) of D.C./this sick old man has done everything possible to destroy our beautiful country and in 16 months no less//Hope he and the leftie liberal regime are thrown out of office ASAP along with the Romney RINO/s in the mid term elections and TRUMP destroys this thief in 2024. He and his druggie son Hunter belong in jail for taking $$ that belong to the USA population//SAME for the Clinton/s//
Yes planned since pre swearing in for Biden