What the Law Says
Obstruction of Justice and Federal Immigration Law
The U.S. Code is explicit regarding interference with federal enforcement actions.
- 8 U.S.C. § 1324makes it a crime to “conceal, harbor, or shield” an undocumented immigrant from federal authorities.
- 18 U.S.C. § 372criminalizes conspiracy to prevent federal officers from performing their duties.
- 18 U.S.C. § 1512(b)(3)penalizes anyone who “hinders, delays, or prevents the communication” of information regarding a federal crime.
This means that protesters who physically block ICE operations or provide sanctuary to undocumented individuals may not be merely exercising free speech—they could be committing a federal crime.
The First Amendment protects free speech and peaceful protest, but it does not shield individuals who engage in illegal activity. Courts have repeatedly held that speech that incites illegal action or obstructs law enforcement is not protected (Brandenburg v. Ohio, 395 U.S. 444 [1969]).
For example:
