U.S. Border Patrol Chief Michael Banks announced yesterday that there were several sections of federal law his officers will now aggressively be enforcing. So what exactly is in these laws and what does it mean for immigration enforcement going forward?
Banks wrote on X, “Under 8 USC §1815, all illegal aliens age 14 or older who entered the United States without inspection will be assessed a $5,000 apprehension fee. In addition, violations under 8 USC §2339 and 8 USC §1324 will also apply. This message applies to all illegal aliens — regardless of where they entered, how long they’ve been in the U.S., their current location, or any ongoing immigration proceedings.” Let’s look at these provisions a little more closely and understand why Banks is enforcing them and why it’s a problem that the Biden administration did not.
As Banks indicated, 8 USC §1815 allows the Secretary of Homeland Security — right now, that’s Kristi Noem — to require illegal aliens to pay a fee. The amount established by the secretary is due from the inadmissible alien at whatever time he is apprehended between ports of entry into America. Currently, the law states:
For fiscal year 2025, the amount specified in this section shall be the greater of-
(A) $5,000; or
(B) such amount as the Secretary of Homeland Security may establish, by rule.
The Biden administration gave illegal aliens taxpayer money, but the Trump administration is, in a sense, planning to do the opposite.
But Banks also cited two other legal restrictions on illegal aliens. What do those say? And why might they be seen as a threat by criminal foreigners?
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It appears that Banks was referring in one case to 18 U.S. Code § 2339B, which bans material support to foreign terrorist organizations. Violating this could carry a penalty of up to 20 years in prison. In January, Donald Trump designated multiple cartels as foreign terrorist organizations. These include Tren de Aragua and MS-13, both of which are highly active in facilitating illegal immigration into America and committing widespread crime once in the United States.
Therefore, Banks was warning illegal aliens who are members of the cartels that they are considered members of foreign terrorist organizations and will be treated accordingly.
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As for 8 USC §1324, to which Banks also referred, that essentially concerns human trafficking of illegal aliens. It states in part:
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 …transports, or moves or attempts to transport or move such alien within the United States… conceals, harbors, or shields from detection …[or] encourages or induces an alien to come to, enter, or reside in the United States… shall be punished.
Conviction could carry a penalty of up to five years.
All of the laws to secure our border and deport criminal illegals are already on the books. The Biden administration chose not to enforce them, but times are different under the Trump administration. Banks has put all illegal aliens on notice.
