Also, if ICE doesn't pursue prosecution can anyone else?
I believe you are referring to harboring illegal alien. The feds are more focused on applying the statute to businesses who provide living arrangements and transportation to illegal aliens for the purpose of using the illegal in their business for profit. Since you are referring to a federal statute, the only entity that can legitimately prosecute under this statute is the federal government.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Depends on the case particulars and its gravity, if that alien had some terrorist ties, biological or nuclear weapon components, I would not be surprised if others may be charged in that event for harboring such defendant.
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