\n<\/p>\n
The videos have become commonplace. Federal officers wearing masks and bulletproof vests subdue a moped driver in the middle of a busy D.C. street. A 70-year-old protester in Chicago is pushed to the ground by an armed Border Patrol agent holding a riot gun. In Los Angeles, an agent shoves away a demonstrator.<\/p>\n
These videos capture the aggressive tactics of immigration officers under the second Trump administration. But they share something else, too. In each instance, following documented violence by federal officers toward protesters and immigrants, the Justice Department pressed charges\u2014against the victim <\/em>of that violence. Those three people, according to the DOJ, had all broken a law prohibiting \u201cassaulting, resisting, or impeding\u201d federal officials.<\/p>\n As the government continues to attempt mass deportations, that law, Section 111 of Title 18 of the U.S. Code, has become a favored tool of the Justice Department for painting opposition to immigration enforcement as a corrosive, lawless force. The Departments of Justice and Homeland Security often describe these cases in exaggerated language, even referring to defendants as \u201cdomestic terrorists,\u201d though the law has nothing to do with terrorism. Across the country, prosecutors have charged case after case in federal court\u2014one against a member of Congress; one against a congressional candidate; another against a bystander who happened to walk by a protest at the wrong time; and, most memorably, another against a Washington, D.C. man who hurled a sandwich at a Customs and Border Protection officer, creating an instant symbol of protest for a city patrolled by the National Guard and other federal forces. I was able to tally more than a hundred prosecutions charged under Section 111 in recent months\u2014and given the difficulty of searching federal court records across more than 90 judicial districts, my data are almost certainly an undercount.<\/p>\n Not every Section 111 case is obviously a stretch: Some court filings allege that protesters threw rocks at immigration officers or pepper-sprayed them at close range\u2014seemingly clear-cut violations of the law, which might be charged by any Justice Department under any administration. There\u2019s even a decent argument that throwing a hoagie could potentially violate the terms of the statute. Still, though, instances where immigration officers appear to have been genuinely at risk are the exception compared to the growing number of cases where agents were scraped, bumped, mildly inconvenienced, or themselves attacked the defendant. The statute\u2019s widespread use isn\u2019t merely a sign of prosecutorial overreach; it has become an indicator of the administration\u2019s quest to silence dissent.<\/p>\n Until this recent spate of charges, Section 111 was not a particularly interesting or controversial law. It originates from a 1934 statute passed after the attorney general urged Congress to draft legislation enabling \u201cthe protection of Federal officers and employees.\u201d (In 1948, that law was further consolidated with a separate, extremely specific prohibition against assaults on employees of the Department of Agriculture\u2019s Bureau of Animal Industry.) Under the statute, anyone who \u201cforcibly assaults, resists, opposes, impedes, intimidates, or interferes\u201d with federal officials carrying out their job can face either a misdemeanor or a felony charge with up to 20 years of incarceration, depending in part on the degree of force used.<\/p>\n Over the years, the Justice Department has wielded the statute to prosecute cases of prison inmates attacking guards or irate individuals who committed such sins as poking an IRS agent in the chest or spitting at a mail carrier. More recently, it became a workhorse of the January 6 prosecutions: Insurrectionists who tried to fight their way into the Capitol were charged under Section 111 for shoving police officers or hitting them with gas masks or bike racks. A number of rioters faced charges under a more stringent subsection of the statute, Section 111(b), for attacking officers with \u201cdeadly or dangerous weapons\u201d\u2014including hockey sticks, baseball bats, and flagpoles. One man was sentenced to nearly seven years in prison for pepper-spraying the Capitol Police officer Brian Sicknick, who later died.<\/p>\n By now those rioters have all been pardoned or had their sentences commuted. Since taking office the second time, Trump seems to be obsessed with reverse-engineering legal processes to subject his enemies to the treatment that, in his mind, he and his supporters suffered unjustly. James Comey and Letitia James, indicted on flimsy allegations, are the most obvious examples of this form of government by playground taunt: \u201cI know you are, but what am I?\u201d Similar reasoning appears to animate the DOJ\u2019s eagerness to transform Section 111 from a tool used to charge the Capitol rioters into a means of criminalizing dissent.<\/p>\n I first started to notice the flood of Section 111 cases around the anti-ICE demonstrations in Los Angeles early this past summer. Federal prosecutors there filed dozens of cases under the statute against protesters, organizers, and even people who happened to be walking by. In subsequent cities that have seen a surge of immigration enforcement\u2014D.C., Portland, Chicago, and, to a lesser extent, Memphis\u2014the pattern has repeated. In a prominent recent case, prosecutors announced an indictment of six Chicago-area residents, including the Democratic congressional candidate Kat Abughazaleh, for allegedly conspiring to \u201chinder and impede\u201d law enforcement by standing in front of a federal agent\u2019s car as he tried to drive into an immigration detention center. (Last week, Abughazaleh and her co-defendants pleaded not guilty to what the candidate described as a \u201cpolitical prosecution.\u201d) Yesterday, only days after a fresh wave of immigration officers descended on Charlotte, North Carolina, the Justice Department unveiled its first Charlotte prosecution under Section 111.<\/p>\n But the Justice Department has charged prominent cases under Section 111 outside those epicenters, too. After the Department of Homeland Security tried to keep Newark Mayor Ras Baraka and several Democratic members of Congress from entering a Newark immigration detention center, Representative LaMonica McIver was charged for trying to shield Baraka from DHS officers in the scuffle. Her office has denounced the prosecution as \u201cpurely political\u201d and \u201cmeant to criminalize and deter legislative oversight.\u201d (Last week, a judge rejected McIver\u2019s request to dismiss the case.)<\/p>\n Perhaps the most extreme example of specious Section 111 allegations may be that of Marimar Martinez, whom the government says repeatedly rammed her car into Border Patrol vehicles in Chicago before driving toward officers, one of whom fired at her in self-defense. According to Martinez\u2019s lawyer, however, it was the Border Patrol officer who rammed Martinez, <\/em>telling her, \u201cDo something, bitch,\u201d before shooting her five times. Text messages from the officer released in court show him later bragging about his aim. Martinez, despite bleeding profusely, was able to drive herself to a repair shop, where an ambulance took her to the hospital.<\/p>\n If Martinez\u2019s story is disturbing, other cases drift toward farce, like that of the sandwich thrower or the D.C. woman who\u2014in what the legal journalist Chris Geidner dubbed \u201cThe Case of the Scraped Hand\u201d\u2014was alleged to have lightly abraded the knuckles of the FBI agent who pushed her up against a wall to stop her from filming an immigration arrest. (The agent later joked about the injuries as \u201cboo boos.\u201d) In both cases, juries were not impressed. Grand juries refused to indict the defendants on felony charges\u2014three separate times, in the case of the alleged hand-scraper Sidney Reid\u2014and petit juries later acquitted them both of lesser misdemeanors. Likewise, at least two Section 111 prosecutions in L.A. have also resulted in acquittals. The Justice Department has dismissed more than 30 other cases before they could reach a jury, in some instances because prosecutors failed to secure indictments. Such failures were, at least until this year, almost unheard of in federal court.<\/p>\n Faced with so many questionable cases, some judges are starting to lose their patience. In the U.S. District Court for the Western District of Texas, Judge Xavier Rodriguez dismissed a felony Section 111 case against a Honduran man arrested by ICE on the grounds that the man could not conceivably be held criminally liable for the scrapes on an ICE agent\u2019s hand after the agent punched a hole in his car window\u2014a use of force that the judge found to be unconstitutionally excessive. The indictment, Rodriguez wrote, was \u201cshocking to the universal sense of justice.\u201d In Chicago, Judge April Perry pointed to a string of failed indictments against protesters as evidence that immigration officials\u2019 claims of violence against them could not be relied upon as a justification for sending National Guard troops into the city.<\/p>\n There is often an inconsistency between the administration\u2019s swagger and its claims that its immigration officers are helpless public servants hounded by vindictive \u201cterrorists.\u201d As my colleague Nick Miroff has reported, this tension runs through the debate about ICE officers and masking: Face masks are tools for transforming federal agents into menacing manifestations of state power and, at the same time, are supposedly a necessary protection against doxxing by activists. Section 111 is a perfect fit for that double vision, allowing federal officials to present themselves as victims of violence while enabling the Justice Department to turn the machinery of the state against the supposed attacker. This intertwining of power and powerlessness recalls Umberto Eco\u2019s description of fascist movements as defining themselves by their war against enemies who are \u201cat the same time too strong and too weak.\u201d<\/p>\n Even when the Justice Department fails to win a conviction or embarrasses itself by filing an absurd case, Section 111 charges have proved useful as a way to make those enemies afraid. In an interview last month with the local outlet Block Club Chicago<\/em>, the head of a community council in Chicago\u2019s Little Village neighborhood described how he and his neighbors had followed immigration officials in their cars, blowing whistles to alert residents of their presence. After the shooting of Marimar Martinez, though, the group had stopped driving around. They were rethinking their protest tactics to avoid accusations of violence from DHS.<\/p>\n","protected":false},"excerpt":{"rendered":" The videos have become commonplace. Federal officers wearing masks and bulletproof vests subdue a moped driver in the middle of a busy D.C. street. A 70-year-old protester in Chicago is pushed to the ground by an armed Border Patrol agent holding a riot gun. In Los Angeles, an agent shoves away a demonstrator. These videos<\/p>\n","protected":false},"author":1,"featured_media":34314,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[403,19535,5007,4349,1786,81],"class_list":{"0":"post-34313","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-social-issues","8":"tag-administrations","9":"tag-criminalizing","10":"tag-dissent","11":"tag-favorite","12":"tag-tool","13":"tag-trump"},"_links":{"self":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/34313","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34313"}],"version-history":[{"count":0,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/34313\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/media\/34314"}],"wp:attachment":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34313"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34313"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34313"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}