Legal Definitions - harboring an illegal alien

Harboring a Noncitizen Unlawfully Present

This legal term refers to the act of providing assistance to a noncitizen who is unlawfully present in the United States, with the specific intent to help them avoid detection by law enforcement or continue to reside in the country without authorization. The assistance can involve various forms, such as offering shelter, providing employment, or arranging transportation. A key element of this offense is that the person providing the assistance either knows about the noncitizen's unlawful immigration status or recklessly disregards it. It is important to understand that this crime does not require the individual providing assistance to have been involved in the noncitizen's initial entry into the country.

Here are some examples to illustrate this concept:

• Example 1: Providing Concealed Shelter

  A homeowner allows a noncitizen, whom they know entered the country without authorization, to live in their basement apartment. When local law enforcement or immigration officials are known to be in the area, the homeowner actively instructs the noncitizen to hide and provides false information to authorities if questioned about who resides on the property. This action constitutes harboring because the homeowner is knowingly providing shelter and actively concealing the individual from detection, thereby helping them to remain unlawfully in the U.S.

• Example 2: Offering Unlawful Employment

  The owner of a landscaping business hires a crew member who openly admits they do not have legal authorization to work in the United States. The owner pays this individual in cash, "off the books," and avoids filing any official employment paperwork that would reveal the worker's immigration status. The owner does this specifically to enable the noncitizen to earn a living and continue residing in the U.S. without authorization. This is an act of harboring because the business owner is knowingly providing employment and taking steps to conceal that employment from authorities, directly assisting the noncitizen in remaining unlawfully in the country.

• Example 3: Facilitating Transportation and Support

  A community volunteer regularly drives a noncitizen, whom they know is unlawfully present, to various appointments, including medical clinics and food banks, several times a week. The volunteer also allows the noncitizen to use their address for mail and occasionally provides temporary overnight lodging when the noncitizen's usual housing is unavailable. The volunteer understands that these actions are crucial for the noncitizen to maintain their daily life and avoid detection by immigration authorities. This illustrates harboring through providing both transportation and indirect shelter/support. The volunteer's actions, undertaken with knowledge of the noncitizen's unlawful status, directly facilitate their ability to live and move within the U.S. while avoiding detection.