What is Harboring?
A defendant accused of harboring an undocumented alien could face federal charges. In the federal code, 18 U.S.C. Section 1324 defines the crime of “bringing in and harboring certain aliens.”
Under this federal law, a defendant could be charged for:
• Bringing, or attempting to bring, someone to the U.S. outside of a designated point-of-entry, despite knowing that person is an alien.
• Transporting, moving, or attempting to transport or move someone who you know has entered the U.S. illegally, or who you should know has entered the country illegally.
• Concealing, harboring, or shielding an alien from detection, or attempting to shield an alien from detection, in a building or any vehicle despite knowing the alien entered the country in violation of U.S. immigration laws.
• Encouraging an alien to come to the U.S. or to reside in the U.S. despite knowing this will be a violation of the law.
Aiding or abetting any of these actions, or engaging in a conspiracy to commit any of these actions, can also result in criminal charges for harboring.
What are the Penalties for Harboring
Penalties for harboring or assisting undocumented immigrants will vary depending upon whether you are accused of acting for commercial or private financial gains. If you act for profit, you can be imprisoned for up to 10 years and face fines. If you do not act for profit, but violate the law anyway, you can be imprisoned for a maximum of five years.
If any individual who you are harboring sustains serious bodily injury, is in jeopardy of injury, faces death, or could face death due to the actions you take, you could face a maximum of 20 years in prison (for injury) or life in prison (for death).
Helping undocumented immigrants to evade detection may feel like the right thing to do, especially as there is ongoing controversy over whether immigration laws in the United States should be reformed. Unfortunately,
breaking federal immigration laws can have a profound impact on your future.
Harboring an Undocumented Immigrant