Many Americans seeing Donald Trump’s social media post arguing the governor of Illinois and the mayor of Chicago should be in jail for endangering ICE agents might assume he is engaging in some of his customary blow-harding. But actually, there are at least two federal laws that could provide basis for arresting the Democrat leaders who are actively thwarting ICE operations.
President Trump posted on Truth Social Oct. 8, “Chicago Mayor should be in jail for failing to protect Ice Officers! Governor Pritzker also!” Most of his supporters probably empathize with that statement strongly, considering how many near-deadly attacks have been made on federal law enforcement in Chicago in recent weeks. But is there actually a legal basis for Trump’s angry comment?
It is, in fact, illegal to interfere with or block federal immigration enforcement on the job, and it is also illegal to protect, shield, and/or harbor illegal aliens to prevent them from being identified, arrested, and deported. This applies just as much to Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson as it does to the anti-ICE thugs shooting at and ramming ICE and DHS officers with their cars. In which case, Trump’s social media post takes on a much more solid and interesting meaning.
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First of all, we have 18 U.S. Code § 111, which states that anyone who “forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties” can be charged. I added the emphasis on “or” because some people read this law as if one has to commit all the above offenses for one to violate it, but actually, one is in violation for assaulting or impeding or interfering with federal officers. Yes, that includes sanctuary city or state policies.
Johnson would seem to be particularly in violation, with his ICE-free zones and orders to police not to work with ICE. But Pritzker, with his lawsuit against National Guard deployment and his stubborn refusal to cooperate with the Trump administration, could be on the shady side of the law, too.
More damning to Pritzker and equally damning for Johnson is 8 U.S. Code § 1324, which condemns anyone 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, 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.”
The law also targets anyone who “encourages or induces an alien to come to, enter, or reside in the United States.” And you can be charged under this law if you have merely “engage[d] in any conspiracy to commit any of the preceding acts,” or “aid[ed] or abet[ted] the commission of any of the preceding acts". Since the city of Chicago and the state of Illinois both have sanctuary policies, which Pritzker and Johnson continue to stand by, I’d say they could be charged under this law. Depending on the severity and type of offense, this law provides for imprisonment upon conviction of between one and 20 years.
The question now is — was Trump just making an angry observation, or is he actually considering legal charges against Pritzker and Johnson?
