Harboring undocumented individuals is a serious federal offense, with varying definitions and severe penalties depending on the jurisdiction. Whether it’s a spouse, a friend, or an employee, understanding the legal implications is crucial. Let’s break down what constitutes “harboring,” how it’s interpreted across different courts, and the potential consequences.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.
What Does Federal Law Say About Harboring?
The key law governing this issue is found in the Immigration and Nationality Act (INA) and 8 U.S.C. Section 1324. According to the statute, it is a crime to knowingly—or with reckless disregard—conceal, harbor, or shield an undocumented individual from detection. The penalties range from fines to imprisonment, depending on the severity of the violation.
The law is further interpreted by federal courts, with definitions varying by judicial circuit:
- Second Circuit (New York and surrounding states): Harboring involves actions that substantially facilitate an undocumented person’s ability to remain in the U.S. illegally or prevent authorities from detecting them.
- Ninth Circuit (Western U.S.): Simply providing shelter to an undocumented person may qualify as harboring, even without other actions.
Key Requirements for Conviction
To convict someone of harboring, the government must prove four key elements:
- The individual entered or remained in the U.S. unlawfully.
- The defendant concealed, harbored, or sheltered the individual.
- The defendant knew or recklessly disregarded the person’s unlawful status.
- The defendant’s actions substantially facilitated the individual’s ability to remain in the U.S. unlawfully.
Penalties for Harboring
Federal law imposes severe penalties for harboring offenses, which vary depending on the circumstances:
- Up to 1 year in prison for general harboring offenses.
- Up to 10 years in prison for harboring for financial gain.
- Up to 20 years in prison if harboring results in serious bodily harm or endangers someone’s life.
- Life imprisonment if harboring leads to someone’s death.
Real-Life Examples of Convictions
Case #1: U.S. v. Lopez
Lopez owned six homes in Long Island that served as a “safe haven” for undocumented immigrants. He charged $15 per week for rent and helped immigrants with job applications, transportation, and arranging sham marriages to obtain green cards. Lopez was convicted of harboring because his actions significantly facilitated illegal immigrants’ ability to stay in the U.S.
Case #2: U.S. v. Kim
Kim, a garment factory owner, knowingly hired undocumented workers and asked them to provide fake documents. Even after learning of a federal investigation, he continued employing them. Kim’s actions—including using fraudulent documentation—led to his conviction for harboring.
Common Scenarios: Is It Harboring?
Here’s how different situations are treated under federal law:
1. Living with an Undocumented Spouse
In most circuits, cohabitation alone is not enough to convict someone of harboring. However, certain circuits (like the Ninth Circuit) argue that merely sheltering an undocumented individual could qualify.
2. Renting to an Undocumented Individual
Merely renting a room or apartment is typically not enough to constitute harboring. However, if a landlord actively lies to immigration officials or takes steps to hide the individual, they may be convicted.
3. Employers Hiring Undocumented Workers
Employers who simply hire undocumented individuals may not face harboring charges unless additional actions occur, such as:
- Requesting fake documents
- Providing housing
- Avoiding tax or wage reporting requirements
4. Immigration Lawyers Giving Advice
Providing legal advice to undocumented individuals generally does not count as harboring. However, if a lawyer creates and submits false documents, participates in sham marriages, or files fraudulent immigration cases, they can be convicted.
5. Driving or Transporting an Undocumented Person
Driving an undocumented person is not typically considered harboring. However, if the driver is paid to transport someone for purposes that facilitate illegal residence—such as avoiding detection—it may lead to charges in some circuits.
6. Lying to ICE or Law Enforcement
If immigration officials ask about an undocumented individual’s whereabouts and you knowingly lie, you could be convicted of harboring, as well as obstruction of justice. Always remember, you have the right to remain silent—but never provide false information to law enforcement.
Learn more about harboring immigrants by watching LaToya McBean Pompy’s video, “Harboring Immigrants EXPLAINED. Are You BREAKING THE LAW Without Knowing It?”, on McBean Law’s YouTube channel or click here.
