Under U.S. federal law, specifically 8 U.S.C. § 1324, it is a crime to knowingly or recklessly harbor, conceal, or assist undocumented immigrants in evading detection, apprehension, or arrest by federal authorities, such as Immigration and Customs Enforcement (ICE). This includes actions like providing shelter, transportation, or other forms of aid with the intent to shield undocumented immigrants from immigration enforcement.
Legal Consequences for Individuals or Organizations
The penalties for violating 8 U.S.C. § 1324 depend on the nature and severity of the offense:
Basic Harboring Offense:
Imprisonment: Up to 7 years per violation.
Fines: Significant monetary fines, potentially up to $250,000 for individuals or $500,000 for organizations under 18 U.S.C. § 3571.
Civil Penalties: Injunctions or restraining orders to cease activities.
Aggravated Circumstances:
If the offense results in serious bodily injury to any person, imprisonment can increase to up to 20 years.
If the offense results in death, the penalty can escalate to life imprisonment or, in extreme cases, the death penalty.
If the offense was committed for financial gain, additional fines and penalties may apply.
Conspiracy or Aiding and Abetting:
Individuals or entities conspiring to harbor or assist undocumented immigrants can face the same penalties as those directly committing the act.
Forfeiture:
Assets used in or derived from harboring activities (e.g., property, vehicles) may be subject to civil or criminal forfeiture.
Liability for Cities and County Governments Funding NGOs
Cities or counties that fund non-governmental organizations (NGOs) engaged in harboring or assisting undocumented immigrants to evade federal authorities could face significant legal and financial consequences, though direct prosecution of local governments is rare and complex due to jurisdictional and immunity issues. Potential liabilities include:
Federal Criminal Liability:
If a city or county knowingly funds NGOs with the specific intent to facilitate violations of 8 U.S.C. § 1324, officials or entities involved could be prosecuted for conspiracy or aiding and abetting. Penalties would mirror those for individuals or organizations (fines, imprisonment for officials).
Proving intent is challenging, as governments may claim funds were allocated for humanitarian purposes (e.g., food, shelter) rather than to evade ICE.
Civil Liability:
The federal government could pursue injunctions or lawsuits against cities or counties to halt funding of NGOs engaged in illegal activities.
Loss of Federal Funding: Under 8 U.S.C. § 1373 and related executive orders, cities or counties deemed to be obstructing federal immigration enforcement (e.g., "sanctuary cities") may risk losing certain federal grants, such as those from the Department of Justice or Department of Homeland Security. Courts have upheld this in cases like United States v. California (2018).
State-Level Consequences:
In states with anti-sanctuary laws (e.g., Texas’ SB 4), local governments funding NGOs that assist undocumented immigrants in evading ICE could face state-imposed penalties, including:
Fines: Up to $25,500 per day for violations in Texas.
Civil Penalties: Lawsuits by state authorities.
Removal of Officials: In some cases, elected officials could face removal for non-compliance.
Practical Challenges:
Prosecuting local governments or NGOs often requires clear evidence of intent to violate federal law, which can be difficult to establish if NGOs claim they are providing legal humanitarian aid.
Sovereign immunity may protect cities or counties from certain lawsuits, but individual officials could still face personal liability if acting outside their authority.
Key Considerations
Sanctuary Policies: Cities with "sanctuary" policies limiting cooperation with ICE (e.g., refusing detainer requests) are generally not considered to be harboring under 8 U.S.C. § 1324, as non-cooperation alone does not equate to active concealment. However, funding NGOs that directly harbor or transport undocumented immigrants to evade arrest could cross the legal threshold.
Case Law: In United States v. Aguilar (1988), the Supreme Court clarified that harboring includes actions that substantially facilitate an undocumented immigrant’s ability to remain in the U.S. illegally. Courts have applied this broadly to include NGOs or individuals providing direct aid with intent to evade enforcement.
Recent Trends: The Department of Justice has pursued actions against sanctuary jurisdictions (e.g., lawsuits against California and Seattle), but direct criminal prosecutions of local governments are rare. Instead, the federal government often uses funding restrictions or civil litigation.
Conclusion
Individuals or NGOs violating federal harboring laws face serious criminal and civil penalties, including imprisonment, fines, and asset forfeiture. Cities or counties funding such activities could face federal lawsuits, loss of funding, or state penalties, particularly in anti-sanctuary states. However, proving intent and overcoming immunity defenses complicates direct liability for local governments.
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Here is a brief list of those local nonprofits who are working with immigrants (legal or illegal, who knows?)and the amounts of $$ our county and city has provided them: Immigrant Legal Defence Center ($130,000 city of Santa Barbara); 805 Docufund ($370,000 from Fund for Santa Barbara via City of Santa Barbara); La Casa De La Rasa (unspecified support via County) and Santa Barbara County Immigrant Legal Defense Center (unspecified county support). Perhaps these groups would benefit from this knowledge.
Thank you, Thomas. I live in Laura Capps' district and when we asked her to stand up for us against the airport's unnecessary noise and flightpaths, she said it's a Federal thing, smiled and shrugged that she therefore can't do anything about it. But if we were illegal criminals, she'd fight the federal gov't for us. So I hope she goes to jail. Sure I'll speak up on her and her co-grifters' behalf. I'll say “Give them the max in solitary.”