It looks to me like the law against "harboring" illegal aliens could be very effective in motivating illegal aliens to leave the United States. It depends on whether the law is general enough to apply in situations they may not have originally intended. Or maybe they did, and I should have given them more credit...
I wonder if someone who picks up a truckload of workers at a parking lot (or at the side of the road) and takes them to a worksite of theirs could be prosecuted under (ii) below if the workers were illegal aliens? Note "reckless disregard".
Scroll down to the line of asterisks *************. The way I included it is verbatim from the link below. I also wonder if the phrase in (iii) that starts with "including" makes landlords liable for prosecution if they rent to illegal aliens?
The last part at the bottom of this may be relevant when an illegal alien's residence can be determined. If I had property to rent I might be very careful about who I rented to if I could go to prison or even (possibly) get the death penalty because THEY got into an automobile accident and killed someone when they were DWI.
Chapter 12 of Title 8, USC is available here:
http://uscode.house.gov/download/pls/08C12.txt for anyone who wants to verify this.
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who -
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person
at a place other than a designated port of entry or place other
than as designated by the Commissioner, regardless of whether
such alien has received prior official authorization to come to,
enter, or reside in the United States and regardless of any
future official action which may be taken with respect to such
alien;
**********************************
(ii) knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in
violation of law, transports, or moves or attempts to transport
or move such alien within the United States by means of
transportation or otherwise, in furtherance of such violation of
law;
(iii) knowing or in reckless disregard of the fact that an
alien has come to, entered, or remains in the United States in
violation of law, conceals, harbors, or shields from detection,
or attempts to conceal, harbor, or shield from detection, such
alien in any place, including any building or any means of
transportation;
***********************************
(iv) 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; or
(v)(I) engages in any conspiracy to commit any of the preceding
acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien
in respect to whom such a violation occurs -
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii),
(iv), or (v)(II), be fined under title 18, imprisoned not more
than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) during and in relation to which the person
causes serious bodily injury (as defined in section 1365 of title
18) to, or places in jeopardy the life of, any person, be fined
under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) resulting in the death of any person, be
punished by death or imprisoned for any term of years or for
life, fined under title 18, or both.
Rickey Braddam