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CHAPTER NINETEEN
IMMIGRATION CRIMES, CONTEMPT, AND OTHER
CRIMES AGAINST GOVERNMENT
Learning Objectives
After reading this chapter, students will be able to:
2. Distinguish civil contempt from criminal contempt.
4. State the reason the U.S. Supreme Court declared invalid some provisions in the Arizona
laws directed at illegal aliens.
5. State the limits on summary contempt convictions.
Lesson Plan
Correlated to PowerPoints
I. Immigration Crimes – Assignment 3, 4
Learning Objective 1: List the various kinds of conduct made criminal under the immigration
laws.
What If Scenario
What if the United States purchased Mexico? Could we then reallocate all of the Border Patrol
agents to Mexico and use them as police officers/security until America and Mexico could build
up a reliable police force, etc.?
Media Tool
Criminal and Immigration Law: Defending Immigrants’ Rights
http://www.ilrc.org/crimes
o Immigrant legal resource center webpage
o Discussion: What rights of immigrants are listed on the
webpage? What is the purpose of the webpage? What was the
most interesting information on the webpage? How is it different
to look at this issue through the eyes of the immigrant?
A. In 1997, the Center for Immigration Studies estimates that there were more than 5
million undocumented immigrants in the United States
B. Ten years later, the U.S. government estimated that the number of undocumented
immigrants living and working in the United States was over 12 million
C. Despite efforts to secure the borders, the number of undocumented aliens coming
into the United States is increasing
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D. Most experts believe between 500,000 and 1,000,000 undocumented immigrants
cross our borders each year
E. Both actual and virtual walls exist on the border
F. Although debated, no comprehensive immigration reform has been passed
Class Discussion/Activity
In July of 2010, a federal judge issued a preliminary injunction blocking
these provisions of the Arizona law, agreeing with the U.S. Justice
Department that immigration enforcement laws were within the exclusive
power of the federal government. That decision was appealed to the Ninth
Circuit Court of Appeals. Have students research online to determine the
current status of the appeal or how the case has been decided.
G. States that pass laws aimed at immigration problems may run afoul of the Supremacy
Clause of the U.S. Constitution
2. County of Maricopa v. Lopez-Valenzuela 2014
H. Undocumented immigrants enter this country in many ways
2. Smuggled in ships
3. Through student, visitor, work, or business visas and remain after their
visas have expired
What If Scenario
What if the United States built a wall the entire width of the border with Mexico? Could we
successfully patrol this wall? What advantages/problems do you see with this?
I. Undocumented immigrants generally come to the U.S. for work
2. Limited amnesty is sometimes granted.
3. In 2013, eight members of Congress proposed immigration reform laws
that would make it possible for many of the estimated 11.5 million
undocumented immigrants in the U. S. to obtain lawful status.
J. Pressure from undocumented immigrants on social service programs
1. A few states have passed laws limiting services.
K. Criminal charges for illegal immigration offenses
2. Violators of laws can be charged in criminal courts or deported.
Media Tool
Don’t Deport All Criminal Immigrants
http://www.usatoday.com/story/opinion/2013/06/05/immigration-reform-
column/2388851/
o USA Today webpage column
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o Discussion: What arguments does the author make regarding not
deporting all criminal immigrants? Do you agree with the
author’s argument? Why/why not?
3. Deportation laws, now called removal laws, provide for the removal of a
person from the United States for a variety of reasons
4. Admission, removal, and detention
a. Federal immigration laws have always permitted immigration
authorities to detain an undocumented immigrant after a removal
order has been entered.
b. In 1996, when Congress passed the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA), the category (and thus
the number) of undocumented immigrants who could be denied
admission, detained, and eventually removed by Immigration and
Customs Enforcement (IC) increased substantially.
Class Discussion/Activity
The Supreme Court has held that a reasonable time to detain an
undocumented immigrant while deportation is pending should not exceed
six months. If the undocumented immigrant’s home country will not
accept his/her return what should be done with him/her?
II. Contempt – Assignment 5
Learning Objective 2: Distinguish civil contempt from criminal contempt.
Learning Objective 5: State the limits on summary contempt convictions.
Media Tool
Best Selling Author Found in Criminal Contempt
http://www.youtube.com/watch?v=U-eimIW_Blc
o YouTube video
o Discussion: What did the author do to be found in criminal
contempt? Do you agree that he should be punished for his
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behavior? How did the author’s behavior impact the court? Are
there any other ways that technology can cause such problems?
A. Contempt is the willful disregard of the authority of a court of law or of a
legislative body
Class Discussion/Activity
Civil contempt laws have been used in a number of high profile,
controversial cases involving journalists refusing to give information to a
court that they uncovered in their investigations. What are the
controversial issues surrounding these cases? How is the First
Amendment involved?
B. Civil contempt
1. Civil contempt is used to compel people to do something they are
obligated to do.
2. A contempt order is treated as a civil contempt if the purpose of the
contempt is to compel compliance with a court order.
C. Criminal contempt
2. Criminal contempt is designed to protect the public interest by ensuring the
effective functioning of the judicial and legislative systems.
3. Criminal contempt is treated as a crime that includes application of the
Double Jeopardy Clause.
D. Contempt is a specific intent crime that requires proof of intentional wrongdoing
What If Scenario
What if contempt was not a specific intent crime? What examples can you think of in which this
might cause difficulties?
E. Language by a witness or attorney that would justify a contempt finding
1. Must create an imminent threat to the administration of justice
F. Contempt and the crime of failure to appear (bail jumping)
1. In all states and the federal court system, a defendant may be charged with
2. The penalty for bail jumping is generally determined by the underlying
charge.
III. Crimes by Public Officials
Learning Objective 3: Make the connection between a gift and an official act required for
conviction under the bribery laws.
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What If Scenario
What if public officials who commit crimes were charged as often as street criminals? How
many more charges do you think there would be?
Media Tool
Little Pressure for McDonnell to Resign Despite Growing Scandal
http://www.dailyprogress.com/news/little-pressure-for-mcdonnell-to-resign-
despite-growing-scandal/article_6fcd41f6-f1be-11e2-8e55-
001a4bcf6878.html
o News video
o Discussion: What is the Governor in the article being accused of?
Should he resign?
A. A government must obey its own laws
B. Some crimes committed by public officials and others
1. Unauthorized (or excessive) use of force (assault and battery)
3. Unauthorized wiretapping (federal felony) or bugging (state offense)
5. Official misconduct and misconduct in public office
7. Intimidating witnesses, prisoners, or others
9. Misprision of felony
11. Extortion
12. Fraud and corruption
Class Discussion/Activity
Are public officials held to a higher standard of behavior than the average
citizen due to their position? If not, should they be?
IV. Crimes Against Government – Assignment 1, 2
Learning Objective 4: State the reason the U.S. Supreme Court declared invalid some
provisions in the Arizona laws directed at illegal aliens.
Class Discussion/Activity
What actions might the government take in an effort to detect federal
employees engaged in acts of espionage?
What If Scenario
What if the Supreme Court had held the Arizona law to be entirely invalid? How might a new
law be written to address the provisions in the laws that the Supreme Court declared invalid?
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A. Espionage
2. A shocking number of Americans have been charged with or convicted of
spying.
3. The Federal Espionage Act forbids disclosing, transmitting, stealing, or
receiving information that has been classified.
B. Obstruction of justice
1. Attempting to influence a juror, destroying or suppressing evidence, and
2. In the early days of the law, resisting, hindering, or obstructing a law
4. It is a crime under federal and state statutes to escape from lawful custody.
C. Tax evasion
1. Much of the money needed to fund government services and activities is
obtained through taxes.
2. Deliberate tax evasion and tax fraud are generally punished as crimes.
D. Other criminal violations
2. Each state has roughly the same number—or more—of crimes in their
state statutes as the Federal Code.
a. Failure of an employer to withhold income taxes
b. Inducement
c. Failure to report for jury duty
d. Bootlegging whiskey
e. Cigarette smuggling
f. Criminal nonpayment of child support
g. Criminal anti-trust laws
Class Discussion/Activity
Have students research the case of the flamboyant billionaire oil trader
Oscar Wyatt Jr., who at age 81 was indicted by federal prosecutors for
allegedly scheming to pay Iraqi government officials millions of dollars in
secret kickbacks under the United Nation’s oil-for-food program. Wyatt
worked with Saddam Hussein’s regime to scout oil deals even as President
Bush was warning Hussein about a potential U.S. invasion.
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Lecture Notes
Portions of the material covered in Chapter 19 have been addressed in earlier chapters, in
particular crimes committed by public officials. Chapter 19 introduces new material such as the
crime of contempt and tax evasion. It’s easy to overlook these offenses, especially at the end of
Immigration issues have come to the national forefront with a recent legal battle in the state of
Arizona. Students can easily research this issue by doing an Internet search. Many experts will
suggest that between 500,000 to 1 million new undocumented immigrants cross the Mexico-
America border each day. How can our Border Patrol realistically tackle that many people?
Key Terms
contempt – Failure or refusal to obey a court order (civil contempt), or interfering with the
functioning of a court or legislative body (criminal contempt). Criminal contempt that occurs in
the presence of the court can be punished summarily; other types of criminal contempt require
the normal prosecution procedures. (p. 540)
criminal contempt – This is a criminal charge based on a persons actions in a court case or
legislative proceeding and used to punish people by a fine or imprisonment for what they have
done. (p. 540)
perjury – The crime of knowingly and materially testifying falsely while under oath. (p. 544)
subornation of perjury – The crime of inducing or knowingly permitting another person to
testify falsely while under oath. (p. 544)
tampering with evidence – Knowingly altering or damaging evidence intended to be used in a
court proceeding. (p. 545)
obstruction of justice – Intentional acts that hinder, corrupt, or impede the functioning of the
judicial system. (p. 547)
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Assignments
1. Students should explain the government’s reasoning in criminalizing deliberate tax
evasion and tax fraud and provide examples of tax evasion cases that have received
national attention. Students can also investigate growing problems with offshore tax
evasion in which people secretly deposit money in tax havens outside the U.S., such as in
2. Have students research the true story of how an FBI agent (Robert Hanssen) turned spy
and how he was caught and prosecuted. Consider reading:
3. Have students break into groups to discuss how they would solve the illegal immigration
problems our country is experiencing. Have them discuss the current legal battles in the
4. Break students into groups and have them discuss case number 1 in the Case Analysis
and Writing Exercises in the text. Do they agree with the conclusion of the court? Why?
If they do not agree, what would they do differently? This assignment can also be done as
5. In small groups or individually, have students find a criminal contempt case and the
statute that the case used. Have students identify how the state proved the mens rea and
Case Analysis and Writing Exercises
1. 18 U.S.C. §1326 (a) makes it a crime, punishable by up to 2 years in prison, for an illegal
alien who has previously been removed or deported to be “found” in the U.S. Is such a
person “found” in the U.S. under the statute if he is apprehended by border control officers
while trying to leave the U.S.? In United States v. Rojas, 770 F.3d 366 (9th Cir. 2014), cert
2. It is a federal crime for any person to enter into a marriage for the purpose of evading
immigration laws. In United States v. Sonmez, 777 F.3d 684 (4th Cir. 2015), cert denied 136
S. Ct. 689 (2015) the defendant, a Turkish national, outstayed his visa and became an illegal
alien in the U.S. He then married a U.S. citizen, and applied for permanent residence status
under immigration rules. His application was denied, and he was charged under 8 U.S.C.
§1325(c), the marriage fraud statute. What jury instructions did the defendant request at his
trial? Why was the trial judge correct to refuse to give those instructions?
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3. Persons with lawful permanent resident (LPR) status are subject to removal if they
commit an “aggravated felony” while in the U.S. “Aggravated felony” is defined in the
immigration statutes by a lengthy list of crimes, one of which is “sexual abuse of a minor”. If
the crime is under state law, it qualifies as an “aggravated felony” for removal purposes if a
conviction under the state law “necessarily” includes facts that would be a violation of a
similar federal criminal law. In Amos v. Lynch, 790 F.3d 512 (4th Cir. 2015) the defendant
was convicted in 1990 of “causing abuse to a child” under a Maryland law. Under the
Maryland statute, causing abuse included failing to prevent another from abusing a child. In
2008 immigration officials began removal proceedings against the defendant, contending his
1990 conviction was an “aggravated felony” that justified his removal. The Board of
Immigration Appeals agreed, and the defendant appealed. The court of appeals reversed the
removal order, holding that the conviction under Maryland’s child abuse statute did not
“match” the “sexual abuse of a child” crime listed in the federal statutes. What did the
defendant do in the Maryland conviction? Why wasn’t that a sufficient reason for removal?
4. Among the many laws passed in 2010 by the Arizona legislature that have an impact on
immigration and thus pose a federal preemption problem is Ariz. Rev. Stat. §13-2929. This
law makes it a crime for any person “who is in violation of a criminal offense” to harbor or
transport an illegal alien. How does a person know if she is included in the class of persons
covered by the statute? If she could determine the answer to that question, is the Arizona
statute, like some of the other Arizona statutes the U.S. Supreme Court said were preempted