Underground network readies homes to hide undocumented immigrants

[brooklynite]

CNN:

A hammer pounds away in the living room of a middle class home. A sanding machine smoothes the grain of the wood floor in the dining room.

But this home Pastor Ada Valiente is showing off in Los Angeles, with its refurbished floors, is no ordinary home.
"It would be three families we host here," Valiente says.

By "host," she means provide refuge to people who may be sought by US Immigration and Customs Enforcement, known as ICE. The families staying here would be undocumented immigrants, fearing an ICE raid and possible deportation.

The purchase of this home is part of a network formed by Los Angeles religious leaders across faiths in the wake of Donald Trump's election. The intent is to shelter hundreds, possibly thousands of undocumented people in safe houses across Southern California.

[samnsara]

1. i have room....

...for a single woman and one child. we will be cramped but its the right thing to do.

[nini]

12. this warms my heart

a good reminder there's more good in the world than evil

[ecstatic]

2. That's amazing, but why did they tell the media?

Aren't underground networks supposed to be secret?

[mn9driver]

3. They aren't looking to permanently hide people.

By bringing them into private, citizen/owner occupied houses, they can refuse to allow entry to ICE or other police agencies without a specific warrant. That means a court hearing and representation instead of being dragged across the border in the middle of the night.

So far, the 4th amendment still applies to peoples' homes, even with most conservative judges.

[ecstatic]

8. By specific warrant, do you mean a specific person's name?

Like the name of the person ICE is looking for? What if the warrant names the homeowner and grants permission to search the homeowner's home--wouldn't anyone there be subject to arrest?

[jmg257]

14. Of course-show cause to a judge - they issue a warrant...its a crime to harbor undocumented aliens.

[mn9driver]

17. No, it is not. It is a crime to hire them. That is all

[jmg257]

18. Not sure - Title 8 s1324..

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) 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;

(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;

[mn9driver]

19. The intent of that statute is to prosecute Coyotes and lllegal employers.

I've never heard of it being used to prosecute someone offering sanctuary. I suppose it could be used that way, but it could be tough to get it to stick on appeal. It would also be a huge legal and media shitstorm.

Let them bring it.

[jmg257]

20. Not sure how it wouldn't be used just as it says...ugh - who knows these days.

Hopefully they'll leave them the hell alone!

[mn9driver]

16. A judge would be unlikely to issue such a warrant.

From the 4th amendment:

...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The thing to remember is that being in the US without proper documentation isn't actually a crime. ICE can grab you up and toss you out, but they can't charge you with a crime, so a judge would need convincing to issue a warrant to search a citizen's home (who is not actually committing a crime) for unspecified people, who are also not actually committing a crime.

Crossing the border without documentation and inspection is illegal, but that requires very specific information, which ICE doesn't have for most undocumented people.

[jmg257]

10. Take a lot of balls - facing up to 5 years in prison. Brave people those are!

[chillfactor]

4. I have room but I do not live in California...

[yeoman6987]

5. Why on earth would she publicize this?

A judge could give a warrant if ICE showed this article. Yes some judges are great. Others....not so much.

[brooklynite]

6. Who is the warrant in search of?

[yeoman6987]

7. The preacher? I don't know. I just don't trust anybody right now.

At least anybody in trump world.

[brooklynite]

9. I don't believe that there's a statute that criminalizes hiding an undocumented alien

You'd have to have reasonable belief that a specific alien was in the house to obtain a search warrant.

[jmg257]

11. Title 8 S1324...

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) 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;

(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;
...
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

[brooklynite]

13. Be that as it may...

a news story is not likely to be considered hard evidence.

[jmg257]

15. Oh surely - I imagine LE they would have to show real cause to get a warrant.

[Kingofalldems]

21. I don't trust anyone in Trump's world either, yeoman6987. They are sneaky.

[gopiscrap]

22. Excellent