A citizen’s militia group, 300 illegals and a citizen’s arrest


 

 

Citizen’s Arrest

  by Mustang

Very recently, a citizen’s militia group arrested 300 illegal aliens in the state of New Mexico.  The leader of this group has been arrested and charged as a felon in possession of firearms.  The felony, according to the news, was that he made threats on the lives of a former president and secretary of state.  Whether this is true goes far beyond my interest in the incident, except that it was stated that these militia members could be charged with kidnapping (the illegals).  Note: New Mexico attitudes would be better understood by simple removing the word “New” in its title.  But there is a larger issue.  I’ll present it in steps.

Step 1: Title 8, United States Code 1325: Improper entry by an alien

            Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall … be fined under Title 18 or imprisoned not more than six months or both, and …

Step 2: United States Common Law

            In the United States, a private person may arrest another without a warrant, for a crime occurring in their presence.  For which crimes this is permitted may vary from one state to another.

Step 3: New Mexico Law: Stat 31-4-14 (1937)

            The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest … and therefore his answer shall be heard as if he had been arrested on a warrant.

Discussion

The simple part of this is that citizens of the United States armed themselves and went to a known illegal alien trafficking area.  While in this area, 300 illegals came upon these citizens and surrendered, requesting asylum.  The citizens held them (detained them) and called for immigration officers, who arrived and took said 300 asylum-seekers into custody.  By the wording of the federal statute, illegal entry appears to be a misdemeanor, not a felony, unless the perpetrator has unlawfully entered the United States on more than one occasions.  In my view, this is a serious fallacy of the federal law.  First time offense should be a felony and treated as such.

Since this incident, all the far-left whacko’s in Nuevo Mexico have experienced a pandemic of exploding heads.  The citizens are being described, among other things, as vigilantes and armed thugs.  The illegal aliens are being described as “asylum-seekers.”  In both examples, an appeal to emotion that defeats their position from its beginning.  But I do think that the matter should interest all of us.

If these citizens have taken it upon themselves to augment an overwhelmed border patrol, I should think that federal authorities would be grateful for their help.  Maybe the state and federal government should encourage American citizens to involve themselves.  For example, they could organize state and/or federal posse’s —the membership of which could be carefully regulated with mandatory training and certification.  They might also secure a waiver for liability should any of these citizens be killed while acting in such capacity (which is entirely possible along the US-Mexico border).

But were these illegal aliens kidnapped?  No.  They were detained.  Law enforcement was summoned to the scene immediately.  Were these citizens acting as vigilantes or thugs?  It doesn’t sound like it to me.  But here’s what didn’t happen: no shots were fired; no one was cuffed; no one was transferred to another place against their will.

What it does sound like is that the federal government, who by the mere size of the US-Mexico border region, is incapable of doing its job, but does not want the scrutiny of citizens who simply want to achieve safety in their own communities.  Rather than taking advantage of citizens willing to step forward (at no cost to either state or federal authorities), they are in the process of heaping charge after charge against them.

UPDATE:

United Constitutional Patriots New Mexico Border Ops more still flooding in

 

Video of what happened:  https://www.dailymail.co.uk/video/news/video-1907580/Video-armed-militia-catch-asylum-seekers-cross-border.html

Kidnapping is a serious offense.  I’m not seeing any element of kidnapping in this case, but since the authorities want to play hardball (to make an example of them) these fellows would be best advised to find a damn good lawyer.

Why this post?  I’m curious about the opinions of Bunkerville readers.

—George Orwell

Mustang has other great reads over at his two blogs – Thoughts from Afar

with Old West Tales and Fix Bayonets

Thanks to WhatFingerNews for the coverage! A great site for all the news.

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15 Responses to “A citizen’s militia group, 300 illegals and a citizen’s arrest”

  1. Kid Says:

    We should be doing a lot more of this. We already have illegal alien sanctuary cities and state(s) and we have 2nd amendment sanctuaries (where LEO’s refuse to enforce Red Flag gun confiscations [minority report][thought crimes/1984])

    Seems the battle lines are being drawn. My guess is things get extremely more focused when DJ Trump is re-elected in 2020.

    Liked by 1 person

    • bunkerville Says:

      The battle lines ARE being drawn….everything going as planned. Focused would be to put it mildly IMO… Let us hope he gains a super majority with a House that supports him… I can dream can’t I?

      Like

  2. gransamme Says:

    I am pretty sure there are other militia organized all through this country. There are armed illegals and Muslims camping/living/hiding in the mountains in SoCal, about 20 minutes from where I live. Residents are armed, ready. But I have heard if anything is other than peacful there are citizen Militia that have a plan in place for our safty. If thats true, I’m sure Americans everywhere are locked and loaded. Its how the founding fathers meant us to be, united defensive front. We shouldn’t have to fear our own government who are not able or willing to defend this country!

    Liked by 2 people

  3. geeez2014 Says:

    I like the whole idea, but I think that, without legal posses (whatever that is?) being formed, it smacks of something scary to me. I don’t want to be arrested by my neighbor for ANYTHING. And, of course, no liberals in America are ever going to allow more Democrat voters to be squelched by legal agents let alone posses!

    Liked by 1 person

    • Mustang Says:

      Militias already exist in the US. The challenge is to channel them to lawfully recognized activities that help protect THEIR communities and aid and abet regular law enforcement and border protection agencies. My view is the we ought to be doing this and begin that process by thinking outside the box. We should encourage the involvement of our citizens, not relegate them to making them dependent upon inadequate/unfunded government programs. But … this is just my opinion.

      Liked by 2 people

      • the unit Says:

        Well, since olden days the high sheriff was the utmost and foremost law man in the county, and over any other law man, Authority to deputize a posse, I’m not sure about the legal part there. Saw it done in old western movies. Not the same as militia.
        Maybe ask a snowflake who knows ’cause Trump grabbed them by the posse. 🙂

        Liked by 2 people

      • geeez2014 Says:

        As you know, militias have the same kind of negative name recognition as ‘nationalists’ (which I’m 100% for, by the way, I LIKE to be called nationalist), but they DO exist , for sure. So what you’re doing is agreeing me that we should have ‘legal posses’, but NOT dependent on the gov’t to be funding them…..put their own money into their endeavors. The problem is they’re outside the law but enforcing the law. It’s a very tough one but I think it could have been worked out years ago, when people were good and put our country first…not sure about now; legal OR illegal!!

        Liked by 2 people

  4. thetinfoilhatsociety Says:

    The government of New Mexico is very insular, most come from the old families who emigrated there in the late 1500’s. They are also very very liberal. The FBI, as we know, is also a liberal organization. Those who are conservative within that organization are few and far between and know to keep their heads down if they want to keep their jobs and have a chance to promote.

    Liked by 2 people

  5. Ed Bonderenka Says:

    “Programs! Getch ye program!
    You can’t tell the players without a program!”
    What federal agency arrested the “vigilantes”?
    Did they really publish a threat against other citizens?
    Is the leader a “felon” or a convicted felon? Or merely termed so?
    Enquiring minds want to know.

    Liked by 2 people


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