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If ICE arrest an alien will the person they are living with get prosecuted in accordance with 8 USC § 1324?

Ashburn, VA |

Also, if ICE doesn't pursue prosecution can anyone else?

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

I noticed that the law mentioned "encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law". Isn't it a felony charge? I guess then it would have to come from ICE but would the illegal alien have to be conviced/prosecuted before they pursue the person that is harboring them?

Maria Tsao Tu

Maria Tsao Tu

Posted

In my experience, ice normally do not go after the illegal aliens. It is easy enough to determine their status. Then, its deportation proceeding for the illegalsMost federal criminal offenses are felony. Remember that probable cause to charge someone with an offense is different from beyond a reasonable doubt in trial. However, Feds also don't do things half way. They usually will expend their resources to get more than enough proof before charging. Maria Tu

Posted

Not usually.

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.

Asker

Posted

What if the person harboring the illegal alien was a f-1 student and had a testimony against them that they were working and paying bills, car insurance, etc. for the illegal alien.

Posted

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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Asker

Posted

Possible terrorist ties but how do you prove that? Would arabic tattoo's (even though can't speak arabic), facebook affiliations and ties to the middle east be enough? I wouldn't think it would.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

It is an art to connect the dots, and I do not know what your case has as evidence.

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