Harboring Illegal Aliens - How Is It A Crime?

Illegal alien is the term used for a person who illegally entered and migrated into the country. But the term illegal alien doesn’t only apply to those who have illegally entered the United States. There are also those who have entered the country legally but are staying illegally. An example would be using a tourist visa to enter the United States but still remaining after the visa expires. Such, too, can be called illegal aliens.

Encouraging and Harboring Illegal Aliens

To harbor an illegal alien means to hide and facilitate an illegal alien to stay in the United States illegally. Any assistance provided to an illegal alien such as shelter and transportation can be considered as encouraging and harboring an illegal alien. This also applies to illegal aliens who entered the United States legally but are staying illegally. An employer who hires an illegal alien can be charged with harboring illegal aliens, especially when he takes action to facilitate in the employment of this individual.

A person can be charged of encouraging an illegal alien when he or she encourages an alien to come and reside in the United States knowing that the entry of that alien may be illegal and his or her residence is also in violation of the law. To encourage an illegal alien to continue working and living in the United States can also be a considered as encouraging illegal aliens.

Punishment For Harboring Illegal Aliens

The penalty for encouraging and harboring illegal aliens can vary. Basically, the penalty for harboring illegal aliens is equivalent to a fine and imprisonment of a maximum of five years. If the violation results in bodily injury or places the life of a person in danger, then the penalty is a fine and up to 20 years of jail time. If harboring an illegal alien results in the death of anyone, punishment can include life imprisonment.

Enforcement of the Law

The local law enforcement officers have the power to investigate violators. They can also arrest perpetrators under the federal immigration statutes without first consulting the INS, as long as the state law authorizes them.

An immigration officer or a law enforcement officer may detain a person without warrant for a brief interrogation. This can only be done if there are reasonable suspicions raised, such as evasive and erratic behavior. Other reasonable suspicions can be based on speech and clothes that indicate foreign citizenship. If the immigration officers or law enforcement officers have found vehicles and proven them to be used in aiding illegal aliens, such vehicles will be confiscated and forfeited.

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