Texas Governor Greg Abbott launched a verbal attack against the Biden-Harris administration on Sunday during Fox News' "Morning Futures" with Maria Bartiromo concerning the relentless illegal immigration happening from south of the border into the United States. During the interview, Abbott noted that his state-led initiatives had actually slowed things down at the border itself in terms of illegal crossings by quite a bit, but that now the Biden-Harris administration was getting around this by flying the illegal immigrants over the border and deeper into the country.
This was posted to X, where TPUSA's Charlie Kirk commented that Abbott is correct and the migrants crossing the border was a bad look for PR, so it's far better to have them flown into the nation discreetly. This caused Elon Musk to call it "treason."
Treason
— Elon Musk (@elonmusk) September 22, 2024
The issue is that this being treason would be very hard to prove. Treason, as described by 18 U.S. Code § 2381, requires an enemy to which our nation is openly hostile. Since many of these illegal immigrants that are being released into the nation aren't, of themselves, representatives of any hostile nation, it'd be tough to actually level the charge of treason against anyone in the Biden-Harris administration and would require a sharp legal mind to make it work.
That's the bad news.
The good news, if you want to call it that, is that the Biden-Harris administration could be found guilty of breaking other codes.
To be clear, all of these would need to be analyzed and reanalyzed by legal experts, but let's take a look at what laws the Biden-Harris administration might either be breaking or finding ways to skirt around.
Bringing in and Harboring Certain Aliens (8 U.S.C. § 1324)
This statute makes it a federal crime to knowingly bring an alien into the U.S. to a place other than a designated port of entry, conceal or shield aliens that are unlawfully present, and encourage aliens to enter and reside in the U.S. unlawfully.
It's one thing to have policies that leave our border widely unprotected, making it extremely easy for massive amounts of people to stream through, but this could just be blamed on bad policies. Intentionally flying them and releasing them to take up residence here is a wholly different story. A legal mind may be able to nail the Biden-Harris administration on this.
In order to apply this, a lawyer would require clear evidence that there was a willful violation of duty and intent to cause harm, which could be tricky if the Biden-Harris administration did all this under the guise of a different intent.
DHS Responsibilities (6 U.S. Code § 202)
This is more for the Biden-Harris administration's Department of Homeland Security and its responsibility to oversee the border and make sure no criminal elements are coming through, including illegal immigration, terrorists, or other transnational crimes. This has largely been ignored during this administration, as has been evidenced by... well, turn on the television or check out the issue on X. You can see the illegal immigrants streaming across the border by the masses.
It doesn't stop there, however. The DHS's policies haven't just made crossing the border easy; they've brought in a known criminal element that the DHS caught and then released into the country. Usually, this is done under the Alternatives to Detention program, which fits these criminals with ankle monitors and gives them a date to appear in court. Many of these aliens have been tied to larger criminal organizations, including human traffickers and people with links to Middle Eastern terrorist organizations.
This is an absolute joke of a program, as all it takes is for the person to remove their ankle monitor, and they're in the wind. Moreover, multiple murders have been committed by these people who were released by the DHS, such as Julio Pimentel Soriano killing a family of four in New York, and Johan Jose Martinez-Rengel and Franklin Jose Pena Ramos raping and killing 12-year-old Jocelyn Nungary in Texas. In this case, the DHS could be demonstrating a failure to properly screen, detain, or deport dangerous criminals.
Aiding or Assisting Certain Aliens to Enter (8 U.S.C. § 1327)
It's unclear if the people the government is flying in were checked and rechecked to see if they were known fugitives, attached to criminal organizations, or not, but we do know that the Biden-Harris administration is letting criminals in under the Alternatives to Detention program. It's unclear how much legal cover that gives the Biden-Harris administration.
To be clear, much of this would require clearing many legal hurdles to a charge. Nailing individuals in a federal government down is incredibly hard to do, and there are a myriad of legal corridors down which they could escape. Sadly, getting the Biden-Harris administration on treason would be the most difficult, to the point where it would border on impossible.
I don't think that many, except the die-hard leftists, would dispute that the Democrats have neglected their duty to secure the border and have made it very easy for criminal elements to operate within our borders. The issue is proving this was done in such a way that it makes the Biden-Harris administration liable in any substantial way. Looking at it straight-forward, they are, but looking at it through all the red tape, things get far more complicated.
Even if you did nail them on something, it'd be hard to punish them in any way that they'd truly regret their actions.
